Judgement Collection:
What is the name of your state? NY
Summary: I the Plaintiff sued a Business . It was a D/B/A business but only the Business was named as the Defendant.
I won a small claims Judgment . I was paid that amount,but was not satisfied,so I filed a Trial De Nova and was awarded an addition amount.
Upon the Order Judgment of the Trial De Nova I cashed the amount I was paid , leaving a balance owed.
The business has gone out of business.
I was inquiring into an information subpoena , and the clerk advised calling the marshal.
The Marshall stated even if I got an information subpoena that since the owner D/B/A is not listed on the Court Orders the banks will not release any information on him. The Marshal Stated that I would probably not be able to collect under the business name.
The Marshall suggested I refile small claims action against the owner D/B/A, and state that the Business has gone out of Business and the person named as D/B/A owes me the money .
1 ) Is this what I need to do ?
2 ) Can I refile with the Business registrant D/B/A's name and be awarded the Judgment ?
3 ) Could I actually sue the individual for more damages I incurred,that the prior Judgments didn't award me ?
This is what someone in another State said. They stated they have been collecting Judgements for over 15 yrs.
If John Doe is doing business as Spiffy Plumbing, Spiffy Plumbing is not a legal entity that can sue or be sued. It is simply a fictictious name under which John Doe conducts business. The proper defendant was "John Doe, individually and doing business as Spiffy Plumbing." You may want to look into amending your complaint and the judgment. Otherwise you're going to have a heck of a time collecting.
If so how would I go about ammending a Judgement ?
What is the name of your state? NY
Summary: I the Plaintiff sued a Business . It was a D/B/A business but only the Business was named as the Defendant.
I won a small claims Judgment . I was paid that amount,but was not satisfied,so I filed a Trial De Nova and was awarded an addition amount.
Upon the Order Judgment of the Trial De Nova I cashed the amount I was paid , leaving a balance owed.
The business has gone out of business.
I was inquiring into an information subpoena , and the clerk advised calling the marshal.
The Marshall stated even if I got an information subpoena that since the owner D/B/A is not listed on the Court Orders the banks will not release any information on him. The Marshal Stated that I would probably not be able to collect under the business name.
The Marshall suggested I refile small claims action against the owner D/B/A, and state that the Business has gone out of Business and the person named as D/B/A owes me the money .
1 ) Is this what I need to do ?
2 ) Can I refile with the Business registrant D/B/A's name and be awarded the Judgment ?
3 ) Could I actually sue the individual for more damages I incurred,that the prior Judgments didn't award me ?
This is what someone in another State said. They stated they have been collecting Judgements for over 15 yrs.
If John Doe is doing business as Spiffy Plumbing, Spiffy Plumbing is not a legal entity that can sue or be sued. It is simply a fictictious name under which John Doe conducts business. The proper defendant was "John Doe, individually and doing business as Spiffy Plumbing." You may want to look into amending your complaint and the judgment. Otherwise you're going to have a heck of a time collecting.
If so how would I go about ammending a Judgement ?
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