The Enforceability Of Your Judgment
I am not an attorney, I am a judgment referral expert
. This article is my opinion, and is not legal advice, based on my experience in California. If you ever need a strategy to use or legal advice, please contact a lawyer.
Why begin a lawsuit unless there is a chance to collect your judgment? The procedure of suing someone for money, and then trying to recover judgment money owed you, is most often not cheap or easy. You should maximize the odds for enforcement of your judgment, by being careful to name your debtor(s) properly before you serve a lawsuit on them.
Before you start a lawsuit, it's really important to list the debtors property, to allow the judgment will "attach" to actual people or valid entities. If you sue an entity using a misspelled, or the wrong name, it opens up a potential tool for your judgment debtor to take advantage of, to avoid paying the money that is due on the judgment.
If your debtor is a company, it's very crucial to list them accurately. Before serving a lawsuit on the defendant, check your Secretary of State's (SOS) site, to see exactly how the corporation is spelled on the SOS's web site. Be sure to check the punctuation thoroughly, as even a missing comma can cause it to be harder to collect judgments.
Here are some examples of some variations in company naming: RipMeOff Company Inc., RipMeOff Corporation, RipMeOff Company, Inc., The RipMeOff Corp, RipMeOff Group, LLC, RipMeOff, LLC, RipMeOff LLC, RipMeOff Corp, RipMeOff Company. If you don't list the name of the company correctly, you could end up with a judgment that is difficult or impossible to recover.
If the entity isn't found on your Secretary Of State's web site, perhaps they are operating their business as a fictitious DBA name, and perhaps you could sue the persons responsible instead. Also, companies can change names or fold overnight, so if someone associated with a company has defrauded you, consider suing them, in addition to suing the business.
What if you already own a judgment which does not correctly identify the actual person or entity that owes you money? Depending on what court and state, you might file a motion to amend a judgment, or file an affidavit of identity. To do this, you need to either hire an attorney, or follow the rules for your court, and find information and examples about the way to create, serve, file, and most often pay the court; to make corrections or amend to a judgment, to name the real people or companies that owe money.
Some jurisdictions place a time limit on making any kind of amendments or corrections to a judgment. Some courts also have certain specific reasons or conditions to comply with, before they will allow a change to a judgment. Look into the rules of procedure for the court to learn which ways may be used to correct any judgment naming issues.
One could also check with their local law library, and find information about this subject, to help you create a motion for the court. Ask the court what their procedure is, to amend judgments, however be aware they can't give people legal advice. Keep your questions concerning the procedures local for their court.
When all else fails, and you can't amend the judgment, you may have the option of suingagain, and then carefully naming the actual party that owes you money.
by: Mark Shapiro
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