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BL

Senior Member
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 ?
 
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BL

Senior Member
Judgment Collection Anyone knowledgeable ?

OK, anyone with knowledge to tell me what I can Do ?

The Da's office States there is insufficient evidence to prosecute even though I have A DMV hearings report signed by the DMV Administrative Law Judge Naming Fraud 4 times.

I have re submitted this to the Attorney General's Office who first told me they do not take individual cases ,only those with many complaints .

I'd like to know what I can do ?
 

BL

Senior Member
Update: A Lawyer I emailed called back and stated to write the Judge a Letter explaining the circumstances and ask to Amend the Caption on the Order to include the owner D./B./A.

I received a copy of the letter the Judge sent to the owner , asking him to respond if he had an objection to the change . That he had until Aug.,18th,04 by 5:00 Pm to respond . If there is no response,the change will be made.

I also, I received a letter from the Attorney General's Office, that they were forwarding my complaint to the " business" for a reply .

I was also told by the County Clerk, even If I submit the Judgment in their Office with the Business name only , since they have the Owners Name on record as the Business, any liens, Etc. will be on the Owner .

We will see what happens .

BTW the DA's Office replied: They Stated 2 of the charges were against DMV Commissioners regulations and 2 Of sec 417 Of the V & T Law. ( that states Illegal Certification is a Misdemeanor Crime ) .
The Assistant DA Stated that in order to prosecute there has to be specific intent , and they don't believe there is sufficient evidence to support that. what a Joke .
 
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