Determining How to Sue
 
  • IF YOU ARE SUING A BUSINESS
    • In order to bring a claim against a business you must determine the type of business form. There are three types of business forms,
    1. Sole Ownership,
    2. Partnership,
    3. Corporation.
    • After determining the business form of the party you are attempting to sue, you may complete the Small Claims Plaintiff's Statement Form.
    • To determine the type of business you are attempting to sue, please refer to the descriptions listed below.

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  1. What is Sole Ownership?
    • A Solely Owned Business is usually a small business that is owned by one person and is not incorporated.
    • You should determine if the business is using a Fictitious Business Name or is registered as a D.B.A. ("Doing Business As"). To determine whether the company is a Solely Owned Business contact the Orange County Clerk-Recorder's Office. You must research the Fictitious Business Name ("DBA") statement on file there.

What is a Fictitious Business Name?

    • For an individual it is a name that does not include the surname of the individual or a name that suggests the existence of additional owners.
    • For a partnership, it is a name that does not include the surname of any general partner or suggests the existence of additional owners.
    • For a corporation it is a name not stated in the Articles of Incorporation.

You can access this information on-line or by visiting the office at the address listed below.

Orange County Clerk-Recorder
12 Civic Center Plaza
Santa Ana, CA 92701

 

One Website for locating the Fictitious Business Name Statement is located at http://cr.ocgov.com/fbn/index.asp.

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  1. What is a Partnership?
    • A Partnership is a legal relationship between two or more persons contractually associated as joint principals in a business.
    • To determine whether the company is a partnership contact the Orange County Clerk-Recorder's Office. You must research the Fictitious Business Name ("DBA") statement on file there.

What is a Fictitious Business Name?

    • For an individual it is a name that does not include the surname of the individual or a name that suggests the existence of additional owners.
    • For partnerships it is a name that does not include the surname of any general partner or suggests the existence of additional owners.

For a corporation it is a name not stated in the Articles of Incorporation.

You can access this information by on-line or by visiting the office at the address listed below.

Orange County Clerk-Recorder
12 Civic Center Plaza
Santa Ana, CA 92701

 

The Website for locating the Fictitious Business Name Statement is located here:

(There is a $4.00 charge for researching the Fictitious Business Name on-line)

Note: You may find out more about the business you are attempting to sue by contacting the City Hall in the city where the business is located.

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  1. What is a Corporation?
    • A Corporation is a business formed and authorized by law to act as a single person although the business consists of one or more persons.
    • In order to file a claim against a corporation you must determine who is the agent for service of process.

To locate this information please access this website:

    • This website will provide you with two addresses, the mailing address of the corporation and the address for the agent for service of process. The mailing address is the address you will use on the claim form. The address for the agent for service of process is the address you will use to serve the corporation. You will use this address to properly serve the corporation.

Note: Most cities require businesses to purchase a license or permit to operate within that city. You may find out more about the business you are attempting to sue by contacting the City Hall in the city where the business is located.

  • IF YOU ARE SUING AN INDIVIDUAL:
    • Suing an individual is the easiest method in which to bring a claim.

1. Who is an individual?

    • An individual is a person or persons who do not fall into any of the above listed business classifications.
    • To file a claim against an individual you must have:
    1. the persons first and last name, (correctly spelled)
    2. home address, or
    3. work address.