As incoporated company owner, can I sue other company without lawyer? thanks

C

clzhcz

New Member
Jurisdiction
Maryland
Hi, Guys

Ｉown a incorporated company, it registered in Maine, and run business in Maine, my company does contract with B, a big national company. I live in Maryland. I have a few questions below, will be appreciated if you guys can answer.

1. can I sue B through my self, business owner, shareholder? or I have to use my business name to sue B,
2, where I should sue B, in federal court Maine? Federal court in Maryland?
3, If using my business name to sue B, can I do everything as my business's Rep? or I have to hire a lawyer?
4, for some reason, can I sue B's parent company?

Thank you guys very much
 
Without knowing any details about the matter that causes you to want to sue, there's no way we can answer your questions.
 
Maryland Business Occupations and Professions Section 10-206

§ 10-206.

(a) Except as otherwise provided by law, before an individual may practice law in the State, the individual shall:



(1) be admitted to the Bar; and



(2) meet any requirement that the Court of Appeals may set by rule.



(b) This section does not apply to:

(4) an officer of a corporation, an employee designated by an officer of a corporation, a partner in a business operated as a partnership or an employee designated by a partner, a member of a limited liability company or an employee designated by a member of a limited liability company, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, member, or employee is appearing on behalf of the corporation, partnership, limited liability company, or business in a civil action in the District Court of Maryland if:



(i) the action:



1. is based on a claim that does not exceed the amount set under § 4-405 of the Courts Article for a small claim action; and



2. is not based on an assignment, to the corporation, partnership, or business, of the claim of another;



(ii) in the case of a designated employee, the employee:



1. is not assigned on a full-time basis to appear in the District Court on behalf of the corporation, partnership, or business;



2. provides the court a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the corporation, partnership, limited liability company, or sole proprietorship and may bind the corporation, partnership, limited liability company, or sole proprietorship on matters pending before the court; and



3. is not an individual who is disbarred or suspended as a lawyer in any state; and



(iii) the corporation, partnership, limited liability company, or business does not contract, hire, or employ another business entity to provide appearance services; or
 
Zigner said:
Without knowing any details about the matter that causes you to want to sue, there's no way we can answer your questions.
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thank you for your reply. we do contract with B. B did renew our contract for some reason, but we have solid stuff to against their reason.
 
clzhcz said:
can I sue B through my self, business owner, shareholder? or I have to use my business name to sue B,
Click to expand...

Anyone can sue anyone for anything, but I don't understand what "through my self, business owner, shareholder" means. You've told us that your corporation has a contract with B. If B breaches the contract, then your corporation would have a claim against B. Nothing in your post suggests that you, individually, might have a claim against B.

clzhcz said:
2, where I should sue B, in federal court Maine? Federal court in Maryland?
Click to expand...

For starters, it depends on where B is located and whether the contract between your corporation and B contains any sort of venue provision. If it contains a venue provision, then follow it. If it doesn't contain a venue provision, then B may be sued in its state of incorporation. The mere fact that B entered into a contract with a Maine corporation does not, by itself, mean that B is subject to being sued in Maine. Nor does anything you have posted suggests that B is subject to being sued in Maryland. That a corporation has shareholders in a particular state is completely irrelevant.

Once you determine the states in which B is subject to being sued and decide which of those you prefer, you can make the decision about suing in federal or state court. That decision also depends on the nature of the claim and the amount in controversy. Federal courts only have subject matter jurisdiction over cases involving federal law and in cases not involving federal law between citizens of different states where the amount in controversy exceeds $75k.

clzhcz said:
If using my business name to sue B, can I do everything as my business's Rep? or I have to hire a lawyer?
Click to expand...

I know of no jurisdiction in which a corporation is not required to be represented by an attorney (with the exception of some states' small claims courts).

clzhcz said:
for some reason, can I sue B's parent company?
Click to expand...

Again, anyone can sue anyone for anything, but a corporation's parent corporation is not generally liable for the subsidiary's legal obligations.

clzhcz said:
thank you for your reply. we do contract with B. B did renew our contract for some reason, but we have solid stuff to against their reason.
Click to expand...

This is pretty well incoherent, and I'm guessing English isn't your first language. Unless you can communicate more clearly, there's not a lot we can do for you other than to suggest you confer with an attorney local to where the corporation does business.
 
clzhcz said:
thank you for your reply. we do contract with B. B did renew our contract for some reason, but we have solid stuff to against their reason.
Click to expand...

If renewal was optional and non-renewal did not require cause, then you have nothing to sue for regardless of the reason.
 
clzhcz said:
1. can I sue B through my self, business owner, shareholder? or I have to use my business name to sue B,
Click to expand...

The general rule is that the corporation must be represented by an attorney in any lawsuit. This means that a shareholder or officer of the corporation may not represent the corporation in court unless that shareholder or officer is an attorney. There is a limited exception in some states that would allow an officer or other employee of the corporation to represent the corporation in small claims court.

clzhcz said:
2, where I should sue B, in federal court Maine? Federal court in Maryland?
Click to expand...

Assuming company B does business in Maryland then you could sue the company in Maryland, which is likely more convenient for you. If company B does not do business in Maryland then you may need to sue in the state where company B is organized. You'd discuss the best place to file suit with your lawyer.

Whether to sue in federal or state court first depends on whether you are eligible to sue company B in federal court. Very generally to sue in federal court you must either have (1) a federal claim to bring against Company B or (2) Company B must be a citizen of a different state than your company and your claim against company B must exceed $75,000.

A breach of contract claim is not a claim under federal law, so for breach of contract you'd need to meet the conditions in (2) to sue in federal court.

If you have the choice between federal and state court, you need to discuss with your lawyer which is the better way to go. Your corporation must have a lawyer in federal court.

clzhcz said:
4, for some reason, can I sue B's parent company?
Click to expand...

You've given no indication that there is any basis to sue B's parent. Again, discuss this with your lawyer.
 
Thank you guys, all of you is very helpful. one of key points for me is I have no money to hire a lawyer, so any way I can sue B individually, I mean using my name through my case. I think, B hurt my asset/my business, so I want to sue B under my name, then I can sue with out a lawyer.

Thanks again
 
clzhcz said:
Thank you guys, all of you is very helpful. one of key points for me is I have no money to hire a lawyer, so any way I can sue B individually, I mean using my name through my case. I think, B hurt my asset/my business, so I want to sue B under my name, then I can sue with out a lawyer.
Click to expand...

What exactly did company B do that you want to sue for? And how much are your damages that you want to sue for?

The only way you can sue company B yourself (other than in small claims court) is if company B did something to harm you personally. If the real harm is done to your corporation then it is your corporation that must file the lawsuit.
 
clzhcz said:
Thank you guys, all of you is very helpful. one of key points for me is I have no money to hire a lawyer, so any way I can sue B individually, I mean using my name through my case. I think, B hurt my asset/my business, so I want to sue B under my name, then I can sue with out a lawyer.

Thanks again
Click to expand...

YOU didn't have an agreement with the other company. The legal entity that is your business had a agreement with the other company. YOU have nothing to sue for. The legal entity that is your business (might) have something to sue for.

Why do you (the legal entity that is your business) believe that they're failure to renew the agreement entitles you (the legal entity that is your business) to sue?
 
clzhcz said:
one of key points for me is I have no money to hire a lawyer, so any way I can sue B individually, I mean using my name through my case. I think, B hurt my asset/my business, so I want to sue B under my name, then I can sue with out a lawyer.
Click to expand...

If you sue in your own name, you don't need a lawyer. However, as I wrote previously, you've told us that your corporation has a contract with B. If B breaches the contract, then your corporation would have a claim against B. Nothing in your post suggests that you, individually, might have a claim against B.

You're the one who chose to do business through a corporation, and that choice has consequences. Why did you do that? And why did you incorporate in Maine when you, apparently the sole shareholder, live in Maryland?
 
zddoodah said:
If you sue in your own name, you don't need a lawyer. However, as I wrote previously, you've told us that your corporation has a contract with B. If B breaches the contract, then your corporation would have a claim against B. Nothing in your post suggests that you, individually, might have a claim against B.

You're the one who chose to do business through a corporation, and that choice has consequences. Why did you do that? And why did you incorporate in Maine when you, apparently the sole shareholder, live in Maryland?
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for now, I could not change that, just try to find a easy way to go. even I don't have contract with B, but B hurt my asset, why I can not sue them under my name.
 
Because you as an individual likely have no standing. B wasn't doing business with you.

Is there some reason you won't communicate why you think you have grounds for a suit?
 
clzhcz said:
for now, I could not change that, just try to find a easy way to go. even I don't have contract with B, but B hurt my asset, why I can not sue them under my name.
Click to expand...

Your "asset" is the shares of the corporation, but the corporation itself is the aggrieved party. A corporation is a legal entity and, for this purpose, is no different than a natural person like you or me. If you own Microsoft stock and someone breaches a contract with Microsoft that hurts the share value (your asset), do you suppose that you and every other shareholder can sue? Of course not. Microsoft is the entity that sues. It's not any different just because your corporation has only one shareholder.
 
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clzhcz said:
Thank you guys, all of you is very helpful. one of key points for me is I have no money to hire a lawyer, so any way I can sue B individually, I mean using my name through my case. I think, B hurt my asset/my business, so I want to sue B under my name, then I can sue with out a lawyer.
Click to expand...


Do yourself a great service, and save money while you do it.

Most lawyers will meet with a client (face to face) at no charge, and no future obligation.

In some cases the people who respond to a question are able to offer some guidance with three or four sentences.

Your predicament is not one of those easy answer type responses.

Make an appointment with at lease three lawyers in your county or city.

You'll have anywhere from 30-45 minutes to ask questions and receive answers from a lawyer.

Bring your documents, ask your questions, thank the lawyer, and walk away with things to ponder.

Your situation is better served when you meet with a lawyer, ask questions, take notes.

No one is putting you off, or shooing you away.

It is simply your dilemma is far too complex for a discussion site to serve you properly.
 

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