Q: Do I sue the owner of the business I'm having problems with or sue the business itself which is registered as an LLC?
I want to get my spray tanning equipment back from a salon. Confused if I should sue the owner of the business or sue the business? Whichever one I sue do I list the other as a second defendant?
A:
You sue the person or entity with whom you entered into the contract to sell the equipment, or with whom you have a financing agreement. This is more complicated than can be answered without much more information. You would be well served to consult with an attorney and provide that attorney with all of the documents and other information related to this dispute.
Good luck to you.
A:
Did this spray tanning salon employ you? Or did you just sell it some equipment? You posted in employment law, which is usually reserved for employment questions. Did the owner personally guarantee the payment on the purchase of the equipment from you? Often in financing commercial equipment the finance company requires a personal guarantee. If you have one then you sue everyone. If you are going in Small Claims, you might as well sue everyone anyway, in case there is a problem with the formation or maintenance of the LLC. You need to check the Secretary of State website to verify the status of the LLC, because if it is suspended, there is no LLC and you sue the individual.
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