Legal Question in Credit and Debt Law in California

We have a customer who owns a franchise. We want to take him to small claims court. On the court paperwork do we put the person who signed the contract or the name of the business?


Asked on 7/09/14, 10:45 am

1 Answer from Attorneys

You are going to have to do a little research to figure out who/what entity is legally responsible for the liability. The franchising company of course is not responsible, since they only sell a bundle of rights and services to your customer under a franchise agreement. So, for example, you can't sue "McDonalds." The franchise is owned by an individual, a partnership, a LLC or a corporation. You have to find out which and name the defendant accordingly. If it is an individual or a partnership there should be a fictitious business name statement on file with the county recorder in the county where the business is located. If it is a corporation or LLC it will be registered with the Secretary of State. If it is a sole proprietorship or partnership, you can sue the person who signed the contract if they are the owner or a partner. Otherwise you have to find out who the owner, partners or LLC or corporation is your actual legal customer.

Read more
Answered on 7/09/14, 11:32 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California