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When I sue a landlord for deposit refund do I need to list my DBA on the Small Claims form?

Escondido, CA |

There is something on the form about this but I am not sure what it means? My DBA was at this rental property's address but I dont understand what the purpose of this is for?

If I dont list it then what can happen?

Does that mean my DBA is getting sued if they counter sue?

Does that mean the DBA goes on my credit report as being sued if they win?

Attorney Answers 2

Posted

A "dba" is not a legal entity--it is your business name, but the "dba" is still you. A "dba", or what is known in law as a "sole proprietorship," cannot sue or be sued in the name of the business.

Important things to remember: 1. The fact that I answered a question that you asked me on line, doesn't make me your lawyer. 2. Opinions are like noses--everyone has one. I just happen to think my opinions are right, but check with another lawyer too.

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Posted

If the DBA is on the lease, then you need to list the DBA on the SC-100 form. You ALSO need to fill out Form SC-103, a Fictitious Business Name Statement in order to file. I have successfully had cases dismissed on appeal because the plaintiff did not comply with the law that they are required to fill out this form and turn it in at the same time as the lawsuit.

The form is at: www.courtinfo.ca.gov.forms/fillable/sc103.pdf

If you have other questions, be sure to speak with a lawyer that knows about Small Claims.

-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

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