Do I sue the owner personally or the business?

I had a verbal agreement with the owner of an incorporated business to provide a service to him for a fee. He paid several invoices but is refusing to pay the remainder for reasons that are irrelevant to this post. My question is when filling out the form to file the paperwork to start the small claims court process, do I list his name and personal residential address, or do I list the name of his company and its physical address? Also, do I file in the county in which the service was provided (the location of his company/business), or the county in which he lives? This occured in Texas. Thanks.

FSP:

I had a verbal agreement with the owner of an incorporated business to provide a service to him for a fee.

What was the nature of the service?

FSP:

He paid several invoices but is refusing to pay the remainder for reasons that are irrelevant to this post.

Were your invoices made out to him personally or to his corporation?

FSP:

do I list his name and personal residential address, or do I list the name of his company and its physical address?

Depends on the answers to the first two questions.

But when in doubt, I would sue both and serve both the individual and his corporation's statutory agent.

Do you know what a statutory agent is and how they work?

FSP:

do I file in the county in which the service was provided (the location of his company/business), or the county in which he lives?

Texas allows you to sue in the county where the defendant lives or where the business is located or where the cause of action arose.

Here's some general information about TX small claims:

http://www.texasbar.co...

adjuster jack:

What was the nature of the service?

I provided poker tables, chips and cards and ran a (free to participate in) poker tournament.

adjuster jack:

Were your invoices made out to him personally or to his corporation?

The invoices were made out to:

 <business name>

<owner name>

<business address>

adjuster jack:

Depends on the answers to the first two questions. But when in doubt, I would sue both and serve both the individual and his corporation's statutory agent. Do you know what a statutory agent is and how they work?

How would this process play out if I sued both? No, I do not know what a statutory agent is.

adjuster jack:

Texas allows you to sue in the county where the defendant lives or where the business is located or where the cause of action arose. Here's some general information about TX small claims:

Thank you for this also.

FSP:

I do not know what a statutory agent is.

Corporations appoint a statutory agent. The statutory agent is the person or entity to whom any legal notice (like process service of lawsuits) may be delivered. The agent must be a Texas resident and list an address for legal service. If the statutory agent is a natural person, the address must be a physical residential address. If the applicant is a corporation or a limited liability company, the statutory agent should be the registered agent on file with the Texas Secretary of State. If the statutory agent is not the same as the registered agent filed with the Texas Secretary of State, then the applicant must submit certified minutes appointing the new agent.

In cases where the corporation is actually located in the state where it does busines, it is often appropriate to serve an officer of the corporation or the statutory agent. Sometimes the statutory agent is an officer of the corporation.

See the process service rules for TX for service on individuals (Rule 106) and service on corporations (bottom of page):

http://www.serve-now.c...

To make sure you are properly naming the corporation and/or its officers, go to the Secty of State's corporate search feature:

http://www.sos.state.t...

Click on Enter Site and the bottom of the next page will give you the option of a temporary log in so you can make free inquiries (and place orders by credit card if you want copies of anything) and see what comes up about the corporation.

FSP:

How would this process play out if I sued both?

In court you would present your case and explain why both the individual and the corporation were responsible. The defendant would have to explain why one was and one wasn't. Then the judge would decide.