Skip to main content

Can a corporation sue for a fictitious business name they are not listed as an owner of?

Scranton, PA |

Was a customer of fictitious business name. Fictitious business name shows two individual owners in Department of State records. Corporation is not listed as an owner and in same line of business as fictitious business. Fictitious business never mentioned they were DBA corporation on any receipts or paper work. Corporation and fictitious business have two separate locations and appear as two separate entities. Corporation claims to be corporate office of fictitious business name, but doesn't include fictitious business name/address on any company letterhead or Web site which lists other corporation locations. Addresses registered with Department of State are different as well. What legal standing does corporation have and shouldn't listed owners of fictitious business name be suing?

+ Read More

Attorney answers 3

Posted

They may have sold or assigned their interest to the corporation, which includes the right to sue. You would do better talking to a corporate trial attorney.

Posted

There are a whole bunch of moving parts here that I don't know, so I can't give you a good answer. The first thing I would have to know is what happened for you to have done all this research. Are you trying to sue them (it's not 100% clear from your question)? If so, what was the cause of the original dispute? We'd have to have a real conversation for me to be able to sort this out. You do need a lawyer to straighten out this mess, though.

Note: This answer has been given for informational purposes only, and does not constitute actual legal advice, nor has an attorney/client relationship been created thereby. If you wish to create an attorney/client relationship and receive actual legal advice and assistance, please call (610) 909-6433 or send an email to smr@srosemanlaw.com requesting a consultation.

Asker

Posted

I appealed a District Judge's decision because he refused to look at any of my documentation and was biased. He was even talking like good old buddies with the Plaintiff after case dismissed. The corporation filed original complaint and complaint for appeal and is suing me for nonpayment of an unsolicited delivery that fictitious business name made which I refused and was not contracted or agreed to. I timely sent certified letters disputing bill and asking for validation and billing corrections under the Fair Credit Billing Act, which they ignored. I have plenty of affirmative defenses and the corporation is suing for such a small amount that no lawyer is willing to take it on.

Posted

You may want to refine your question. Nowhere in the information you provide actual facts that led to the dispute, and the reasons why the corporation is suing. The determination of whether the corporation has standing to sue will depend on the facts leading to the dispute.

I would urge you to refine your question, so that my colleagues and I can attempt to address it.

Your particular situation may be different. This answer is intended for information purposes only. No Attorney-Client relationship has been established. If you have any questions. Please call me at (408) 667-7233 or visit www.Drasonlaw.com

Asker

Posted

Read the comment under Stuart Roseman's response. I just want to know if a registered corporation can file a complaint and legally act for a registered fictitious business name when the corporation is not registered as an owner of the registered fictitious business name with the Pennsylvania Department of State. The corporation is not a tax collector and essentially claiming the fictitious business name is a subsidiary of theirs without it appearing to be registered as such with the state.

Ripal Patel

Ripal Patel

Posted

If a corporation is filing a claim to which you believe the corporation has no grievance to, then you should file a motion to dismiss for a lack of standing, in California you would file a demurrer to a complaint based on plaintiff’s lack of standing. Standing to sue means the right to obtain relief in Court. To have standing, the plaintiff must be a 'real party in interest'. Here, the opposing party may seek to amend the complaint and substitute itself for the real party. Ripal Pate, esq www.drasonlaw.com

Asker

Posted

Thanks. I was already claiming lack of standing as an affirmative defense. I believe the complaint will be dismissed because the corporation also had an employee file the complaint and they are not a licensed attorney.