How to Name the Defendant in Michigan Small Claims Court: LLCs, Businesses, and Individuals
One of the fastest ways to lose a Michigan small claims case isn't a weak argument or bad evidence — it's putting the wrong name on the court form. A judgment against "Mike's Plumbing" when the legal entity is "Michael Torres LLC" can't be enforced. The money you won on paper stays out of reach. Getting the defendant's name right before you file is worth more than anything you do at the hearing.
Why the Legal Name Matters
Suing an incorrect or informal trading name can leave you with an unenforceable order against the actual business.
How to Name Each Type of Defendant
Individuals
Use the person's full legal name and avoid nicknames. If the individual operates a business under an assumed name, use the format:
"Michael Torres d/b/a Mike's Plumbing"
The "d/b/a" (doing business as) connects the person to their trade name. Assumed name filings are public records held by the county clerk in the county where the business operates.
Sole Proprietors
A sole proprietorship isn't a separate legal entity — it's a person doing business. Always name the individual owner, even if you only dealt with the business name. The d/b/a format applies:
"Jane Park d/b/a Park Home Cleaning"
If you don't know the owner's name, check the assumed name records at the county clerk's office.
LLCs and Corporations
For any registered business entity — LLC, corporation, or professional corporation — you must use the exact legal name as registered with the Michigan Department of Licensing and Regulatory Affairs (LARA).
Search the LARA Business Entity Search by business name. The search results show:
- The entity's exact legal name (use this on your form — capitalisation, punctuation, and all)
- Whether the entity is active, dissolved, or withdrawn
- The registered agent's name and address (this is where you serve court papers)
Use the exact LARA name. Do not assume a trade-name, abbreviation, or punctuation variation identifies the same entity. Copy the name from the current LARA listing.
Partnerships
Name every general partner individually, along with the partnership entity:
"Michael Torres and Jane Park, d/b/a Torres & Park Contractors"
The filing should name each general partner individually alongside the partnership entity.
What If the Business Is Dissolved?
If a LARA search shows the entity is dissolved or its status is "inactive," you can still file against it — but collection may be harder. A dissolved LLC may have distributed its assets to members, leaving no accounts to garnish. Do not name an LLC owner personally just because the LLC is dissolved; verify that you have a separate basis for an individual claim. Sole proprietors and general partners should be named individually as described above.
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Serving the Right Person
Once you have the correct legal name, service of process must reach the right person:
- Individuals: serve them personally or by certified mail at their residence
- LLCs and corporations: serve the registered agent listed in LARA at their registered address
- Sole proprietors: serve the individual owner
If the registered agent's address is outdated or the agent can't be found, you can request alternate service through the court. But start with the LARA-listed agent — it's the legally designated recipient for court papers.
Common Mistakes to Avoid
- Don't sue a trade name by itself ("Mike's Plumbing" with no individual or entity name)
- Don't guess at corporate suffixes — "Inc." versus "LLC" versus "Corp." matters
- Don't rely on the name printed on a business card, website, or invoice — verify through LARA
- Don't assume that serving papers at a job site equals valid service on the business entity
The Michigan Small Claims Filing Guide includes a defendant identification checklist and step-by-step instructions for each type of defendant you might encounter.
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