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Small claims court · Question

Suing a business in New York small claims: which name to use

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

You don't have to know a business's exact legal name to sue it in New York small claims. You can sue it under any name it uses in doing business — on signs, ads, contracts, receipts or invoices — and the clerk will amend the papers if you learn the true name before the hearing. At the hearing, the judge or arbitrator determines the business's true name. A business must pay judgments in its true name or any name it uses, and one that leaves a judgment unpaid can face extra consequences.

Read on for the details, the exceptions and the sources.

In plain words

True name
A person's legal name, or the name under which a business is licensed, registered or incorporated.
Assumed name (DBA)
'Doing business as' — a trade name a business uses that differs from its legal name.
Conducting business
Using a name on signs, vehicles, ads, contracts, sales slips, checks, invoices or receipts.

The full answer

If you don't know a defendant's true name, in whole or in part, you can proceed against the business in any name it uses in conducting business (§ 1814(a) of each court act; § 1814-A for commercial claims). 'Conducting business' includes maintaining signs at the premises or on vehicles, advertising, entering into contracts, and using sales slips, checks, invoices or receipts (§ 1813(a)).

If you learn the true name before the hearing, tell the clerk: the clerk must amend the papers and send an amended notice to the defendant, without an extra fee (§ 1814(b)). At the hearing, the judge or arbitrator determines the defendant's true name and the papers are corrected to match (§ 1814(c)).

A person or business sued over its business activities must pay a judgment in its true name or any name in which it does business (§ 1813(a)). The city, district, town and village court acts contain the same rules in their own §§ 1813 and 1814.

How to find a business's legal name

  • Look at your contract, receipt, invoice or card statement — the legal name sometimes appears in small print.
  • Assumed-name certificates: an individual or partnership doing business under another name must file a certificate with the county clerk in each county where it does business; a corporation, LLC or limited partnership files its assumed name with the Department of State (General Business Law § 130).
  • For corporations and LLCs, the Department of State's business entity records show the registered name.
  • For licensed trades, the licensing agency's records may show the licensee's name.

Exceptions and special cases

  • Unpaid judgment under the wrong name: if a judgment was entered against a business in other than its true name and stays unpaid for 35 days after it gets notice of entry, you may bring a new action — in small claims or another court, regardless of the usual limit — for the original judgment, costs, reasonable attorney's fees and $100 (§ 1813(a)).
  • Licensed businesses: if a judgment about licensed activity stays unpaid 35 days after notice and isn't stayed or appealed, the licensing agency must consider deliberate or repeated non-payment as a basis to revoke, suspend or refuse to renew the license (§ 1813(b)).
  • A business that later asks to vacate a judgment must disclose its true name and all names it does or did business under (§ 1814(d)).
  • Corporations defending a case can appear through a lawyer or an authorized officer, director or employee (§ 1809(2)).

What to do now

  1. Gather every name the business uses

    Collect receipts, invoices, the sign, the website and the contract.

  2. Search official records

    Check the county clerk's assumed-name records and the Department of State's records for the legal name.

  3. File using the best name you have

    Give the clerk the legal name if you found it, or the trade name, and an address where the business operates.

  4. Ask the judge to determine the true name

    At the hearing, make sure the judgment shows the business's true name — this makes collection easier.

Frequently asked questions

Should I sue the owner personally or the business?

It depends on who you dealt with and how the business is set up. A corporation or LLC is generally separate from its owners; a sole proprietor's business name is just a name for the person. If unsure, give the clerk all the names you know and ask the judge to determine the true name (§ 1814(c)).

The receipt only says a store name. Is that enough to sue?

Yes. You can sue under any name the business uses on receipts, signs or contracts (§ 1813(a), § 1814(a)).

What if the business changes its name after I win?

A business must pay judgments in its true name or any name it does business under (§ 1813(a)). Collection tools still apply; information subpoenas can help track its assets (§ 1812(d)).

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.