Going back to Court tomorrow / Have a question .

What is the name of your state? NY

I filed a Trial De Novo Case to be heard tomorrow.

The Clerks Stated I could NOT amend Plaintiffs info to Include the Business Owner;'s Name as D/B/A . It is just listed as the Business name.

I went to a DMV Hearing today over my complaint and DMV's inspectors findings.

The Business owner ( who was listed on that case ) did not appear , but the sales agent that keeps defending the Business did.

This Person claimed at the DMV hearing the Business was out of Business now. ( The DMV inspector told me he was going to recommend shutting them down at the hearing ).

Anyways, MY QUESTION ? If I prevail again in small claims ,since the business is out of business ( If it's true ),

1) Can I go after the owner D/B/A , like his personal property for any award ?

2 ) If not and I can't get the award from the business could I refile naming the owner ??

Well Court went & over with .

I advised the Judge of the Money order they sent me from the first small Claims hearing that lacked Purchasers information.

He did not tell me to return it to the respondent , nor did the respondent request it's return , so I have it home.
Money Order TO: My Name .

I guess I will wait for the City Courts ruling on the Trial De Novo , to try and deposit it and cash it.

The court seemed somewhat interested in other defects of the automobile , so I am optimistic I'll be awarded more , but probably not the whole amount .

We will see when I get the decision in the mail.

"Can I go after the owner D/B/A , like his personal property for any award ?"
*** If the judgment is rendered against a d/b/a business, then yes, you can go after the individual owners non-exempt assets.

"If not and I can't get the award from the business could I refile naming the owner ??"
*** See above.

A fallow up Question ??

Since the Judge did not order a return of the first hearings Money Order award payment,and the respondents did-not request it's return ( I sent them a letter in advance if they wanted it's return to advise me ) ,

Can I go ahead and try to cash it now without any legal repercussions associated with the trial De Novo and any awards ordered ?

I would make a copy of it (for records), then go ahead and cash/deposit.
Then, be sure to include credit for it (if it is accepted) when discussing damage amounts.

Discussion with the Dealer ended Long ago.

Whereas I filed small claims action.
I was not satisfied with the amount.
I filed a Trial De Novo ( allowed ).

Trial de Novo filed on 3/11/04 . Payment for first Hearing Award dated 3/14/04.

Upon filing a Trial De Novo it suspends part or all of the prior proceedings. Therefor I did not sign or cash the Money Order awarded amount.

Trial De Novo, Judge said we start from scratch.

I as the Plaintiff informed the Court Of the Unsigned uncashed Money order, and the defendant did-not request it's return( as they were notified by me to if they wanted it returned).
The Judge Did not respond to the Money Order issue in Court either.

A Decision on the Trial De Novo will be mailed.

Maybe that decision will note the Money Order ?