Legal Question in Business Law in Massachusetts
Small Claims
I built and installed a computer for a business over 90 days ago and billed them every 30 days. I now want to take this business to Small Claims Court but the business has recently been sold to new owners. Do I sue the previous owners who contracted my business initially or do I sue the new owners, who are now in possession of the computer I built.
2 Answers from Attorneys
Re: Small Claims
It depends on whether the business you sold to was a corporation or a proprietors hip orpartnership. If it is a corporation you can check with the Secretary of States office and find out whon the resident agent is and file your complaint. If the new owners bought just the assets or the liabilities as well in which case there may be "Bulk Sales Act issues".
Is the invoice and contract in the name of the business? You might want to get a little guidance on how to proceed.
You can get some guidance on these issues by looking at the Trial Law Libraries which have online access to legal issues on various topics or you can call an attorney for some self-help guidance.
If you do not have a proper contract you use for work, you should have one made. It will allow you additional protections if drawn correctly.
If you have further questions, please do not hesitate to contact me.
Re: Small Claims
It depends on whether the business you sold to was a corporation and whether the new owners bought just the assets or the liabilities as well in which case there may be "Bulk Sales Act issues" It may be wise to consult a lawyer.
JOSEPH M. MURRAY, ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 02333
(508) 378-3944
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