Businesses typically use “Fictitious Names” or “DBAs” to interact with their customers so it’s likely that you are more familiar with a business’s DBA rather than its legal name. Both are important when you are filing a case against the other party.
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What is a Fictitious Name or DBA?
A “Fictitious Business Name”, also known as “DBA” (doing-business-as) is a nickname that a business uses for branding. DBA’s are often used when sole proprietorships do not want to operate under the individual’s name or when a company wants to manage multiple businesses under one registered entity. Corporations, LLCs, sole proprietorships, and partnerships can all have DBAs.
Examples of Fictitious Names or DBAs
- A sole proprietorship dentistry owned by John Smith, but the dental business is named “Smith’s Dentistry”.
- DBA = Smith’s Dentistry
- Legal Name = John Smith
- A restaurant owned by a corporation named ABC, Inc. may operate several restaurants, one called “Peggy’s Famous Foods” and another called “Joe’s Pancakes”.
- DBA = Peggy’s Famous Foods
- DBA = Joe’s Pancakes
- Legal Name = ABC, Inc
- A growing business called Jane’s Jewelry, LLC wants to offer new fashion services without opening a new business entity. She can keep her existing LLC and file a new DBA under that umbrella.
- DBA = Jane’s Jewelry
- DBA = Jane’s Fashion Boutique
- Legal Name = Jane’s Jewelry, LLC
How to find the DBA of a Business
You can find out if the business is operating under a DBA by checking with the appropriate state agency (typically Secretary of State) and/or at the local county/city level.
- The state’s Secretary of State (SOS) will have a database you can check to confirm whether or not the business is operating under a DBA.
- The county, city clerk’s office, or the local court clerk’s office may have the DBA information if it’s unavailable at the state level.
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NEED HELP WITH YOUR JUSTICE JOURNEY?
The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect, is the only app of its kind designed to support people without lawyers resolve their dispute and get their money back, both in and out of court.
The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court.
JusticeDirect* will guide users every step of the way through the small claims court process by helping them:
- Understand the legal process;
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- Generate small claims court forms; and,
- Avoid common mistakes when filing your forms and serving notice on the other side.
*Currently, JusticeDirect can only help litigants sue in California’s small claims court.