What's in a Name?

I want to sue!  When I hear that, my first question is:  Who?  The answer isn't always as clear as it should be.

Let's say you hired Johncox's Odd Jobs to do some repairs around your house.  I came by, did some of the work, billed you for all of it and you paid me in full.  I never came back to finish the work. I avoid your calls, so now you have to sue me.

So, what name do you put on the claim?  Most people will simply name "Ian Johncox" as the defendant.  It's probably not good enough. Is it "Ian Johncox", "Johncox's Odd Jobs?, Johncox's Odd Jobs Limited", "Johncox's Odd Jobs Inc.", "Johncox's Odd Jobs Incorporated", "Johncox's Odd Jobs Ltd." or some other name? Is "Johncox's Odd Jobs? a sole proprietorship, with Ian Johncox as the sole proprietor? Is "Johncox's Odd Jobs? a business name registered to a corporation?  If so, what corporation? If you don't know the answers to these questions, you're taking a risk by going ahead with the lawsuit.

Here's why:  you get a judgment against "Johncox's Odd Jobs?.  Then you find out that "Johncox's Odd Jobs? is actually a business name registered to Ian Johncox, or to a corporation or partnership. What does that mean?  Well, you probably won't be able to collect your judgment.  If you don't have the proper legal name, the court won't assume that a person or company with a name that is close is actually the person you sued.

You have to go back to court, costing more time and money, to try to have the name of the defendant changed.  That may not even work, which would meant that you have to start again.

You need to search the name with a registered search house or through a lawyer.  The search house will give you the details you need, including the proper legal name, the address of the business and the name of the person who runs or owns the business.  The information will cost you a bit of money, but the cost is a lot less than what it will cost to fix a problem later.

Don't rely on the name on the person's letterhead, invoice, advertisement in the Yellow Pages or business card.  There are a lot of businesses that do not properly name themselves on their paperwork. Take the time to get the name right. It might save you some money.