Legal Question in Business Law in Pennsylvania
My daughter gave a $1000 deposit on her wedding reception over a year ago to a banquet facility that subsequently closed without notifying her. When I tried to determine what kind of corp it was, the records just stated "fictitious name" and the owner was listed as another corporation also described as a "fictitious name." No owner of that company was identified.
The actual owner spoke with my daughter once and promised to call back. He never did. Who do I file against?
1 Answer from Attorneys
First, i would file a complaint with the Pa. Bureau of Consumer Protection. You can file online at http://www.attorneygeneral.gov/complaints.aspx?id=451.
Second, if in fact the owner was a legitimate corporation your chances of recovery are slim, as usually a defunct corporation has no assets. Nevertheless, because corporations are listed as "fictitious names", there may not be a corporation and the business may have been a sole proprietership. You can obtain information from the Pa Dept. of State Corporation Bureau who can provide you with documents that identify the individual persons and address who filed the fictitious name listings. I would then go to your local District Justice Office and file a Civil Action against the individual(s) who registered the fictitious name.
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