disheartened in AZ

[clutch victim]

What is the name of your state? Arizona

I recently won a small claims case against a company. When I originally filed, I used the company name, not the corporation name. The company (ABC Company) is incorporated, and their name is ABC Corporation. However, I did list the statutory agent. It was my understanding that I was supposed to sue the company that I dealt with, not the corporation, but now I am fearing I was misinformed. Does the fact that I did not note the corporation in the court papers void my case?

I obtained the company's bank account number from a canceled check. I filed a Writ of Garnishment using the company name. I found out that the bank account is in the corporation's name, not the company name (that part of the stamp was smudged). Should I refile a Writ of Garnishment using the corporation name even if the judgement is under the company name? Or should I file an Order for Debtor's Examination against the company?

I have been dealing with this for almost a year, and am becoming very disheartened with the whole process.

Any assistance is greatly appreciated!
Clutch Victim

 

[seniorjudge]

What is the name of your state? Arizona

I recently won a small claims case against a company. When I filed, I used the company name, not the corporation. However, I did list the statutory agent. Does the fact that I did not note the corporation void my case?

Also, I filed a Writ of Garnishment using the company name in error. The bank account is in the corporation's name. Can I refile a Writ of Garnishment using the corporation name even if the judgement is under the company name?

I have been dealing with this for almost a year, and am becoming very disheartened with the whole process.

Any assistance is greatly appreciated!
Clutch Victim

You can only execute on your judgment against the person (legal or natural) who you have a judgment against.

If you have a judgment against ABC Company, you cannot execute against assets held by XYZ, Inc.

But I am a little confused and have no idea what this means: "When I filed, I used the company name, not the corporation."

A company is a corporation and a corporation is a company. Why are you making this distinction.

Explain the situation a little more clearly.

 

[JETX]

I recently won a small claims case against a company. When I filed, I used the company name, not the corporation. However, I did list the statutory agent. Does the fact that I did not note the corporation void my case?

Depends on the EXACT name(s)... but very likely that your judgment would be successfully challenged.

Also, I filed a Writ of Garnishment using the company name in error. The bank account is in the corporation's name. Can I refile a Writ of Garnishment using the corporation name even if the judgement is under the company name?

No. The writ can ONLY be done in the name of the judgment debtor.

I have been dealing with this for almost a year, and am becoming very disheartened with the whole process.

I would imagine you would have known the correct name of the defendant after "dealing with this for almost a year".

 

[hbreen]

In most cases, at least here in SC, you have to have the judgment debtor's name listed exactly as it is listed on anything you file a Writ against. I have had to request for amendments in order to do this. You may want to look at doing this if you want to get your money.

It never ceases to amaze me how companies fail to pay a debt after a judgment is rendered! Guess they are no different than "regular" judgment debtors!