I'm not an attorney, I am the judgment broker. This article is my opinion, and not legal advice, based on my experience in California. If you ever need legal advice or a strategy to use, you should contact a lawyer. Why would you begin a civil lawsuit unless there is a way to recover your judgment? The process of suing a debtor for money, and then attempting to recover judgment money owed you, is usually not cheap or easy. You should maximize your chances for recovery of your judgment, by taking care to name your debtor(s) properly before you sue them. Before you begin a lawsuit, it is really important to name your defendants property, so your judgment will "attach" to valid entities or actual people. When you sue someone with the wrong, or a misspelled name, it opens up a possible defense for your judgment debtor to take advantage of, to avoid repaying the money owed on the judgment. When a debtor is a corporate entity, it is very important to name the judgment debtors accurately. Before suing the defendant, Look up your Secretary of State's (SOS) website, to verify exactly how the corporation is spelled on the SOS's web site. Be sure to verify the punctuation carefully, because even a overlooked comma can cause it to be more difficult to recover judgments. Here are some examples of possible alternatives in how companies can be named: Cheatum Corporation, Cheatum Company Inc., Cheatum Company, Inc., The Cheatum Corp, Cheatum, LLC, Cheatum Group, LLC, Cheatum LLC, Cheatum Company, Cheatum Corp. When you don't identify the company name correctly, you could end up with a judgment that is impossible or difficult to recover. If the entity is not found on the SOS's site, maybe they are running the business as a fictitious DBA name, and you could sue the persons responsible instead. Also, companies can fold or change names very quickly, so when someone that is part of the business has defrauded you, consider suing them, in addition to suing the business. What if you already own a judgment which does not correctly name the actual entity or person that owes you money? Depending on which court and state, you could file a motion to amend a judgment, or file an affidavit of identity. To get this done this, you need to either hire an attorney, or learn the rules of your court, and find information and examples about the way to form, file, serve, and most often pay a court; to make corrections or amend to a judgment, to reflect the actual people or companies that owe money. Some jurisdictions place a time restriction on making any type of corrections and amendments to a judgment. Some jurisdictions also have certain certain reasons or conditions to comply with, before they will accept an amendment. Look into the rules of procedure of your court to learn which ways may be used to correct any judgment naming issues. You can also check with your local law library, and find information on this subject, to help you create your motion to the court. Ask your court what their procedure is, to amend judgments, however remember they can't provide people legal advice. Stick to questions concerning the procedures local for their court. When all else fails, and you cannot amend a judgment, you might get the choice to sueagain, and then carefully naming the actual party who owes you money. http://www.JudgmentBuy.com - Judgment Enforcement. Referring Judgments Nationwide. The easiest, fastest, and best way to be paid the most for a judgment. Mark D. Shapiro, an expert on judgments. I pay for leads, and have the best no obligation free judgment referral leads for collection agencies, enforcers, and contingency collection lawyers.
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