Suing a company that has changed its name

There are lots of tricks a defendant can use by changing corporate names. You should make reference in the particulars of claim to the company having changed its name in December but the claim itself should be issued against the new company name. The only exception to this will be if you have asked for and been given personal guarantees, normally by the directors. You should always sue the registered limited company name, rather than a “trading as” name. However, you can add.

See full list on thesheriffsoffice.

Before you start your claim, it is worthwhile checking their legal and solvency status, both at Companies House and the Insolvency Service. You may be wasting your time and money chasing a company that no longer exists or has just gone into liquidation. It is also worthwhile rechecking these facts if you decide you need to enforce any unpaid judgments you have been awarded. High Court Enforcement Officers (HCEO) are not permitted to enforce against a company in liquidation or administration. Some companies will shut down and re-open as a new business to avoid liability for their debts.

If this has happene it is unlikely the HCEO will be able to seize any assets, assuming they have been transferred to the new company. We have been able to seize and remove assets where the transfer had all been done on paper, but the agreed payment had not been made. An HCEO can enforce anywhere in England or Wales where the debtor carries out their business.

This means we can attend the registered office address, the trading address, branches, warehouses etc. When instructing, it helps a great deal to provide the HCEO with details of all trading addresses and other locatio. HCEOs can force entry into commercial premises if necessary, normally by changing the locks. HCEOs can also enforce against a limited company that is based in a home office. If the enforcement officer believes they belong to the company , he can seize them and the debtor will have five days to prove personal ownership.

All items that the HCEO has reason to belong to the business may be seized , with the exception of perishable goods. If a third party claims ownership of seized goods, they will need to prove those claims. If you dispute the claim, then a Master will decide through the process called interpleader.

Should I sue a limited company name? Limited companies may not claim that items are exempt from seizure because they are tools of the trade. What is a company name change announcement? Why do companies have to change their name?

Can I sue both the guarantor and the registered limited company? A contract is a legally binding agreement entered into between two or more parties. Therefore, after signing the contract, the parties must abide by the terms and provisions in the contract. Otherwise, the party will be in breach, and the non-breaching party can bring a breach of contract claim against the breaching party.

Mutual Assent One party must make an offer to another party.

Thereafter, the party receiving the offer must accept the offer in its original state without modifying it in any way. Once the offer and acceptance have been met, the parties must offer some sort of consideration to one another. The parties in the contract must confirm that they are bot.

When a company changes its name while the contract is in effect, the parties will want to ensure that they modify the terms. Some contracts might already include terms in the contract, which identify what happens if a company changes its name. For those contracts not including such language, it is important for the parties to immediately modify the contract to identify the change in name.

But, if the parties don’t immediately modify the contract, does that mean the contract will be void and unenforceable? If the electrical company changes its name while the work is being done on the home, this doesn’t mean that the change in name will void the contract. In fact, both parties could simply agree to continue the contract as is, without modifying the name.

The company is still under a legal obligation to do the work. If the company doesn’t complete the job, it will be in breach, and the injured homeowner can bring a breach of contract claim against the electrical company. The client then finds out that the company wasn’t properly registered in its respective state, and is left with incomplete work after having already m. A company is still the same company if they have kept the company number, irrespective of name changes. If you want to keep it personal, go to trading standards and report offence under business.

If a court rules against it, then the plaintiffs may not collect on the judgment if the company has no money. If it terminates according to its state rules, then the opportunity to sue the business ends after a waiting period. Name the owner as an individual to have a better chance of collecting if you win.

For example, write: Sally Smith, individually and dba Continental Candies, and Continental Candies, a proprietorship. In this example and others, “dba” stands for “doing. This way the clients know that the company has only changed its name and they will continue to have the same quality work and products from them since the company has only changed its title.

Solution for Your Business. We would always advise that you check their terms and conditions before you agree to supply the goods, so you know who you are supplying. Lawyers in your area, attorneys. Tompkins Tow Truck LLC, a limited liability company. You can change a troubled company ’s name , but its troubles don’t go away Nationstar, a troubled mortgage company with a terrible reputation, has changed its name to Mr.

You will need to make sure you state the correct business name on your lawsuit. You might know a business as ABC Antiques, but its legal name could be Fine Antiques, Inc. When a business uses a name other than its own, it must file a Fictitious Firm Name Certificate with Clark County. For example, an agreement to buy products or services is a contract, as is a contract for the sale of a business or an employment contract.

A lease is also a contract and either party in the lease can sue the other. Apparently a notice of name change was filed. Forward to the bankruptcy, friend now has both Company A and Company B as claimed creditors. The corporation once known as Blackwater actually has changed its name twice in the past four years.

Most frequently, a name change.