Can someone sue me personally for a dispute over a business?

I have a S-corp that manages a LLC which is a laundromat. I have a dispute with a plumber that overcharged me for work that they did not do. They are sueing me and list me and the the business as a DBA. I do not own the business the s-corp does. What should I do when I go to court to fight it? It should not be in my name in the first place let alone I believe they are wrong in sueing for the bill.
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Answers (3)

Andrew Daniel Myers

Andrew Daniel Myers

Contributor Level 7
Does the business hold itself out as an LLC? In other words, is the designation LLC on your letterhead,your contracts, your signs, your checks, your website, and every other piece of information in which you communicate with the outside world? If so, then yes of course he should have named the LLC in the suit and not you.

File a motion to dismiss for misnomer of a party.

However, if you hold yourself out to the world as "Bettys Laundry" and no one knows that you are an LLC until there is a problem and you then raise it, not so much protection.

Also, the LLC needs to be represented by an attorney.
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Mazyar Malek Hedayat

Mazyar Malek Hedayat

Contributor Level 5
Your question is whether you can be sued individually even though your business is organized as an Illinois limited liability company (LLC). The short answer is "No, that should not be possible," but the final answer will depend on a number of factors.

To begin with, you mention that the complaint brought in your case identifies the business as a d/b/a or "doing business as" designation. If you had a properly organized LLC then you should not have needed to file a d/b/a (unless the LLC was the entity seeking to do business under another name). In any event, it sounds as if the Plaintiff in this case needs to clarify their complaint.

Furthermore, if you own a properly organized business such as an LLC or corporation then suits brought by vendors, creditors, or customers should not involve you personally. The exception to this rule occurs when you voluntarily agree to be personally liable for an obligation (this frequently happens in leases) or when a consumer is unable to identify your company. In that case a Court may disregard limited liability in the public interest - frequently referred to as "piercing the veil" of limited liability.

There is much more to discuss, but the big-picture is that you should not be under threat of personal liability in this case. I recommend that you consult with an Attorney to see if a motion to dismiss is in order as to the complaint.

I hope this information has been helpful. Good luck in your endeavors.
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Erik Glen Swanson

Erik Glen Swanson

Contributor Level 7
Short answer, yes they CAN.

Whether or not you, personally, are a proper party is a long answer dependant on the specific facts (was there a personal guarentee?, are proper corporate formalities followed, etc., etc.). Moreover, depending on the amount in controversy, you generally can not represent the corporation, only an attorney can.
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