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?
Answer
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.
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