The procedures for suing a business and suing an individual in small claims court are similar. However, there are some distinctions when it comes to naming the right person in your suit and determining who to serve the papers to. 

Who do I sue?

When suing a business, it’s important to identify the right party to name in your lawsuit. You may have to sue the business itself or sue an individual. The following resources can help you make this determination:

• How to Sue in Justice Court by the Texas Young Lawyers Association and the State Bar of Texas. (See page 5).
• Nolo's Everybody’s Guide to Small Claims Court by Cara O'Neill (See chapter 8).

To find the legal name and address of the business, you may have to contact the Texas Secretary of State (SOS) and/or the county clerk in the county where the business is registered.  

Who do I serve?

If you are suing an individual, you will need to serve the individual.

If you are suing a business entity such as a corporation, you will need to serve the registered agent for the business. This agent is an authorized individual responsible for receiving legal notices on behalf of the business.

You can obtain the registered agent’s name and address by contacting the Texas Secretary of State. The SOS website has additional information about registered agents to help answer your questions:

• Registered Agents;
• Registered Agent FAQs;
• FAQs for Persons Attempting to Serve Process.

Citation and service rules for small claims courts are established in Rule 501 of the Texas Rules of Civil Procedure.

The law can be complex, so you may wish to talk to an attorney before taking legal action. For information on finding an attorney, please see the library's Legal Help page. 

You may also want to review the library’s Small Claims Cases guide for general information about the filing process, links to sample forms, and additional resources. 

Related FAQs & Guides 

FAQs  

• What’s the maximum amount I can sue for in a small claims court? 
• Do I need a lawyer for my small claims case?
• Which small claims court should I file my lawsuit in? 
• Can I appear remotely at my small claims hearing?
• Can I file my small claims case online?
• Do I have to live in Texas to file a small claims suit there? 

Guides

• Small Claims Cases