I could not find them listed with the Secretary of State either. I was not certain if I had the complete name for the search input. As you know the Concord system is a little picky at times with respect to the input of the company name before it will return data. However, SOT's directory seems to indicate that they are located in Florida. I have seen a few postings on SOT which have indicated that they are located in Connecticut, but no explanation as to why the party posting would come to that conclusion.
Glenda, if the name under which they were doing business is a fictitious name or trade name, a review of the Newington Town Clerk's trade name registry may disclose more information. Possibly one of the Connecticut abstractors listed on SOT might help you with that the next time they are in the Newington Town Clerk's office.
All parties to a business transaction have the right to know the identity of the other party to the transaction. In Connecticut the parties are required to disclose this information before the transaction is concluded. They are entitled to rely on representations made to each other during the course of transacting business. They are not required to seach out each other's information even if it is a matter of public record. Registering a trade name does not provide the same constructive notice given by recording a document in the land records.
If you are unable to locate a corporation, LLC, LLP , general partnership or limited partnership, etc. doing business under this name, you should try to gather more information about the individual that ordered the work from you. He/she may be personally liable if the appropriate disclosures were not made to you at the time that the work was ordered.
He/she is required to reveal two points of information under Connecticut law...1) the complete and correct name of the business with whom you are dealling, including the designation: Inc, Ltd., Corp, LLC, LLP, etc. and 2) that he /she is acting in a representative/agency capacity on behalf of that entity. Failure to make both of these disclosures renders the individual personally liable.
I have successfully litigated/arbitrated this issue on a number of occasions. As recently as two years ago I represented a client in a collection matter. The Respondent in the arbitration had properly set up an LLC. However when he signed the contract he failed to write the designation LLC after the name of his business. He also failed to disclose that he was acting in a representative capacity by not identifying himself as a manager/member of the LLC. He had written the word "owner" under his signature rather than either manager or member of the LLC. He was held to be personally liable for the payment of money damages to my client. There are many alternative avenues to explore when trying to collect funds due to you, and many ways to skin a cat.
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