Can You Sue a Corporation or LLC in Small Claims Court?
If you are wondering whether you can sue a corporation or LLC in small claims court, the short answer is yes, in nearly every state. A contractor who vanished with your deposit, a store that will not refund a defective purchase, a landlord LLC holding your security deposit: they all can be defendants. But businesses have a legal name and a registered agent, and getting either wrong is how these cases die on arrival.
The Short Answer: Yes, Businesses Can Be Defendants
Small claims court exists for money disputes under a state cap, and it does not care whether the defendant is a person or a company. You can sue a corporation, an LLC, a partnership, or a sole proprietorship, as long as the amount fits your state's limit and the court has jurisdiction where the business operates or where the transaction happened.
There is one asymmetry worth knowing about. While businesses can be sued in small claims almost everywhere, a few places restrict who can file as a plaintiff. The best-known example is New York City: only an individual can start a regular small claims case, so a corporation that wants to sue goes through the separate commercial claims track instead. Individuals suing a business face no such barrier.
Expect the case to take 30 to 90 days from filing to hearing, the same as any other small claims case. Being a corporation does not buy the defendant extra time.
Name the Right Entity or Lose the Case
This is where most people stumble. You cannot just name the storefront brand or the person you dealt with. The court needs the business's exact legal name, because the judgment attaches to the entity.
Corporation or LLC: sue the company itself under its registered legal name, the one ending in Inc., Corp., or LLC. This is the easy case once you have the name right.
Sole proprietorship or partnership: there is no separate legal entity, so you name the owner personally, written like "John Doe d/b/a Doe's Roofing." Courts in Ohio publish exactly this format as guidance.
The employee who helped you: almost never the right defendant. In Indiana, court guidance is explicit that you sue the business itself, not the employee who performed the work or managed the location. Registered agents and corporate officers are likewise not personally liable for the company's debts.
Find the Registered Agent (This Is the Easy Part)
A registered agent is the person or company a corporation or LLC legally designates to receive lawsuits. Every state requires businesses to maintain one, and the listing is public. This is how you serve a business, and it is free.
Go to your Secretary of State's website and use the business entity search. Type the company name. The record shows the exact legal name, the registered agent's name, and a service address. Serve the registered agent by certified mail or through a process server, depending on what your court allows, and file your proof of service.
Why this matters: if you serve the store manager, the company's lawyer may never see the paperwork, and the case can get continued or dismissed. The registered agent exists precisely so service is unambiguous. Use it.
The Lawyer Rules: Watch the Other Side
You do not need a lawyer to sue a corporation. Small claims is designed for people to represent themselves, and some courts go further: Washington, for example, excludes attorneys from appearing unless the judge grants permission.
The wrinkle is that the corporation itself may need one. A corporation or LLC is a separate legal entity, and several states say a separate legal entity cannot be represented by an employee or owner in court. Ohio requires corporations and LLCs to hire a lawyer to file, argue, and defend the case. If your defendant shows up with counsel anyway, do not panic. Lawyers in small claims hearings are usually informal, and the facts still matter more than the procedure.
Also keep your claim to money only. Small claims courts generally award money judgments. If you want the company to do something, like complete the work or take back a defective product, you may need a different court.
Frequently Asked Questions
Can you sue a corporation or LLC in small claims court?
Yes, in nearly every state. Corporations, LLCs, and partnerships can all be sued in small claims court as long as the dispute is for money and fits under the state's limit. Some states restrict who can file as a plaintiff, but defending is open to all business types.
How do I find a company's registered agent for service?
Search your state's Secretary of State business database online. Every corporation and LLC must designate a registered agent to receive lawsuits, and the database lists the agent's name and address for free.
Do I need a lawyer to sue a corporation in small claims court?
No. As the individual plaintiff, you can represent yourself. The wrinkle is on the other side: some states like Ohio require a corporation or LLC that is a party to send a lawyer rather than an employee. Check your state's rules before filing.
Do I sue the company or the person who wronged me?
Sue the company itself under its legal entity name for a corporation or LLC. Only name an individual employee or owner if you have a separate legal basis against them personally. The registered agent or officers are usually not personally liable.
Can a corporation sue me in small claims court?
Often yes, though some states narrow who can be a plaintiff. New York City's small claims part limits regular filers to individuals, so businesses file through a commercial claims track. Most other states let any plaintiff, including businesses, file within the limit.
Check Your State's Exact Limit
Before you name the company, confirm your amount fits the cap. Limits run from $2,500 to $25,000 by state.
Look Up Limits by State