Deciding Who to Sue
Topics on this page:
Introduction
Figuring out who to sue may not be as easy as you think. It is essential that you sue the right person or legal entity. You can lose your case if you sue the wrong person. For example, suing the wrong person on behalf of a business is a common mistake for self-represented persons. Depending on the specific facts and circumstances of your situation, there can be exceptions to this information. Figuring out who to sue when it's a business can be challenging. Consider consulting with an attorney.
To get started, review any receipts or agreements you have with the other party. The information contained in these documents can help determine the proper person or business to name in your lawsuit.
Suing an Individual
The person that you name in a lawsuit is called the defendant. If you are naming an individual person in a lawsuit, use the person’s full legal name. It is better to list the complete name to avoid any confusion. If you are unsure what an initial stands for, try conducting further research, such as using the Internet. Another option would be to seek information from your surrounding community, where people may know the individual’s full name. In some cases, people have more than one name that they use. Therefore, you should also list these other names in the lawsuit. For example, you should list “Sara Jane Whitcomb a.k.a (‘also known as’) S.J. Whitcomb” in the lawsuit.
TIP: For traffic accidents, you will generally sue the driver who caused your injury or property damage not the insurance company.
Suing more than one person
If you are naming more than one defendant in your lawsuit, use each person's full name. You should list everyone who might be responsible for the harm you suffered. This is because, if you cannot collect damages against one person, you may be able to collect damages against the other person you listed in your lawsuit. This also saves you time, so you do not have to file another lawsuit regarding the same incident. Also, you must serve each defendant that you name in the lawsuit with the court papers.
Suing a Business
There are several ways a business can be structured to operate. A business can be structured as a sole proprietorship, partnership, corporation, limited liability company (“LLC”), general partnership, or limited liability partnership (“LLP”). Each of these structures serves as the legal framework within which the business operates, known as the business entity.
The business’s structure typically determines who is liable (responsible) for the debts and bad acts of the business. In some cases, the business entity is recognized as a new legal “person.” This is important to know because it specifies who should be sued, whether it is a physical person (i.e., “Anne Franklin”) or a legal entity (or legal “person”) (i.e., “Mill Street Pots and Things, LLC”).
Sole Proprietorship
Name the person who owns the business, even if the person uses a fictitious name or trade name. Name all individuals who own the business and the business itself. For example, name "Anne Franklin d.b.a (“doing business as”) Mill Street Pots and Things."
Corporation
The corporation is a legal “person.” Use the full name, including any special abbreviations that indicate the status of the business, such as Inc. You generally should not sue the owners or managers. You can sue a corporation in Maryland, even if the corporation’s headquarters are in another state. There will be a “resident agent” on whom you should serve the court papers. You can find this information on the Maryland Business Entity Search by searching the name of the corporation.
Limited Liability Company (LLC)
The limited liability company is a legal “person.” Use the full name, including any special abbreviations that indicate the status of the business, such as LLC. For example, name “Mill Street Pots and Things, LLC.” You generally should not sue the owners or managers. You can sue a limited liability company in Maryland, even if the company's headquarters are in another state. There will be a “resident agent” on whom you should serve the court papers. You can find this information on the Maryland Business Entity Search by searching the name of the company.
General Partnerships
Name all partners in your lawsuit and the name of the business. In a general partnership, all of the partners are liable for the actions of the business. This is true even if you dealt with only one of the partners. For example, name "Anne Franklin and George Norton d.b.a Mill Street Pots and Things."
Limited Liability Partnership
Name the business and all the general partners. In this type of partnership, certain partners are protected from lawsuits. These are the “limited liability” partners. For example, name "Anne Franklin d.b.a Mill Street Pots and Things."