I received a response to a small claims suit asking the judge for relief due to not naming the defendant in the correct corporate capacity. Plus they are asking for costs.

In my complaint I listed the assumed name AKA the corporate name.

Looking at it now the syntax is the coporate name d/b/a the assumed name I am suing.

Is that error enough to get the case thrown out, or are they claiming they are not the assumed name. The assumed name is not listed with the SOS, I had to cross reference their address.

If it is just a matter of syntax, can I fix it. If they are claiming not to be the assumed name, I have proof of that.

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I posted in the above post about a suit in which I recieved notice that the CA has filed for relief and costs due to not being named in the correct capacity:

I did a search on the SOS site and found they converted their corporation to a Limited Liability company in May 2002.

I cannot find who I am supposed to file against in an LLC.

They ahave a Limited Liabiltiy Partnership. The LLC is the General Manager of the LLP.

The previous President and Director are now just managers for the LLC.

They are using assumed names that are expired and some that are not registered.

They have buried themselves to protect themselves from liabilty.

How do I file against an LLC.

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One more correction. The Corporation converted to a limited partnership in May 2002.The management for the limited partnership is a limited liability company.

So I guess I can refile against the limited partnership by serving the registered agent. Since the general partners of the LP are a LLC, do I also file against the LLC?

Since they are doing business ander fictitous names I guess I will sue the Partnership d/b/a the name the CA lists on my credit report.

What a mess. Any input from those who know more than me will be appreciated.

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Whatever corporation you are dealing with (I think you said they converted to an LLC?) They will have stated who to serve when they filed their Articles of Organization with the state. It will have a paragraph like:

THIRD: The Secretary of State is designated as an agent of the limited liability company upon whom process against it may be served. The post office address within or without this State to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him is XXX XXXX St., XXXXXXXXX, New York 14XXX .

The Secretary of State will take care of it from there.


L

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I logged onto the Texas SOS site and found that the Corporation I filed against, converted to a Limted Partnership and is managed by the LLC I mentioned. The limited partnership has the same registered agent that I served for the corporation.

So I have prepared an Amended Pleading, which I plan to refile on Monday. I planned to serve the registered agent listed for the Limited Partnership.

I was confused because all of the research I had done on filing suit referenced either an individual, a partnership, or a corporation. It was a curve ball when the company converted to the LP. It also complicates things that they are managed by the LLC.

Also complicating things is the fact that the company is collecting under several names that are not registered with the SOS as assummed names. Therefore I had to cross-reference their address's to come up with who I should file against. They are not playing according to the rules. They are playing a shell game.

I am sorry for the confused messages, I was confused as to their responses.

Thanks Whyspers. Thanks so much for your help and your time.

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My thoughts on this (and I have no experience whatsoever) are to sue EVERYBODY...

Sue the LP, the LLC, the Managers personally, the Agent personally, EVERYBODY that you can find.....

just my humble opinion.

PAE

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