If I name a business with more than one owner in a small claims suit and fwin, can I collect from either one?

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If I name a business with more than one owner in a small claims suit and fwin, can I collect from either one?

The business is a DBA. The contractor’s license lists one person as owner and the dba record lists another person as owner. The business has 2 locations. The business licenses for these 2 locations list 2 other people as owners. One admitted in writing in email that they are all partners.

Asked on June 6, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a business is a partnership and you are suing the business, you can name all the partners and potentially collect from any or all of them. (In total, you cannot recover more than the amount of your damages or claim, no matter how many people are responsible for paying it.) It is possible that one or another might have a defense to liability--but if so, let them put that defense forward; you should name everyone who may be liable, then let those defendants see if they have grounds to avoid liability.


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