Who Can I Sue in Small Claims Court?
CAN I SUE A BUSINESS, A COMPANY OR A CORPORATION IN SMALL CLAIMS COURT?
The Plaintiff may sue any company doing business in the State of Indiana. If you are suing a business, usually you must name and sue the business or corporation itself (not the employee who helped you or performed the work or the manager of the business).
As the Plaintiff, it is your responsibility to know who the proper party is and to find the correct name of the business. You must determine if that business is a
• Sole proprietor
If you plan to sue a sole proprietorship or a partnership, you must also list name the person who is the sole proprietor or the names of the persons who are the partners of the business.
If you plan to sue a corporation, you must name the corporation as the Defendant but you must serve the corporation’s Registered Agent or an officer of the corporation with the Notice of Claim.
The Indiana Secretary of State, Corporations Division can tell you the name and address of the corporation’s Registered Agent and its officers. This information is also available from the Secretary of State website. Here is a link to that website https://bsd.sos.in.gov/publicbusinesssearch
Usually, the Registered Agent or the officers of a corporation are not personally responsible for the debts, obligations and liabilities of the corporation and should not be listed as defendants in your claim. You may want to talk to an attorney if you think you need to name a corporation as a defendant in your claim.