Small problem collecting a judgment.

[deusdigit]

I took a small sole proprietor business to small claims court and won, the judgment is final. My problem is collecting the money owed to me. The sales manager of the business is the only one who showed up for the court (he is not the owner) and now a problem i am facing is that the owners have changed.

The original owner was a police officer which information was hard to obtain at the time of filling a garnishment execution against. I finally found the information but it's obsolete.

The business name has not changed and i cannot find the owner name, address ect. on the secretary of states website. I live in missouri. However they are not required to file a fictitious business name if it's only a single person.

What are my options exactly? Private attorneys don't do small claims here. i conta.cted the circuit court where i live and they gave me old tax information and address of the old owners

Any suggestions or ideas?

 

[latigo]

You start by telling us that you sued a ''sole proprietor'' and recovered a judgment.

And now you don’t know the name of the judgment debtor – the individual that you sued?! Weird.

 

[deusdigit]

You start by telling us that you sued a ''sole proprietor'' and recovered a judgment.

And now you don’t know the name of the judgment debtor – the individual that you sued?! Weird.

Doesn't say i recovered any kind of judgment. When a judgment is final, it means it's the final decision of the court and the other party can't appeal because ten days have passed. whatever action happens after that, relays solely on the petitioner (me)


Edit: The business is not under a normal name of a individual. it is a car dealership that has had several owners in the past. but there is in fact a new owner that i was unaware of. I didn't need to go after a individual if i sued the business and there is only one person who owns it. therefore he is solely reliable for the debts. my problem is, figuring out the owners name of the business because he is never there. His sales manager runs the place.

 

[latigo]

If your judgement does not name as the judgment creditor an individual or individuals (like live humans) or a legal entity – WHICH A SOLE PROPRIETORSHIP IS NOT, then this so-called judgment that a stupid small claims judge apparently issued against a non-entity is totally worthless to you!

And eventually you are going to discover that fact, plus that you weren’t as bright in filing the case as you did as you thought you were.

 

[deusdigit]

If your judgement does not name as the judgment creditor an individual or individuals (like live humans) or a legal entity – WHICH A SOLE PROPRIETORSHIP IS NOT, then this so-called judgment that a stupid small claims judge apparently issued against a non-entity is totally worthless to you!

And eventually you are going to discover that fact, plus that you weren’t as bright in filing the case as you did as you thought you were.

It's obvious that i came here for advice, and you are wrong.

Missouri Secretary of State Robin Carnahan :: Small Business Advocacy Center

A sole proprietorship is a business where a single owner has complete control over a business, enjoys all the profits, makes all decisions and has the liability and responsibility for the debts and obligations of the business. A sole proprietorship is not recognized as an entity separate from its owner or proprietor and is not taxed separately. The income the owner receives from the business is taxed at the owner’s personal income tax rate. All of the contract, tort, lease and other obligations and liabilities of the business are the direct obligations and liabilities of the owner. A sole proprietorship may be owned jointly by a married couple.

The sole proprietorship is the simplest business form to adopt and maintain, as there are almost no required filings or registrations other than tax filings. If a sole proprietorship is doing business under a name other than the owner’s true name, a fictitious name filing must be made with the Secretary of State, and renewed every five years. The startup costs for a sole proprietorship are minimal, and the business is tied inextricably to the owner.

Though sole proprietorships are the simplest business form to adopt, and allow for autonomous control by the single owner of the business, this form provides no liability protection to the owner. In addition, the owner is not able to raise capital by selling interests in the business, such as taking on other investors who would share in the profits and create a partnership. When a sole proprietorship grows or needs an influx of capital, it is not uncommon for it to convert to a statutory entity.

You are not as bright as answering the question. Can someone actually provide a little advice here?

 

[latigo]

All of the contract, tort, lease and other obligations and liabilities of the business are the direct obligations and liabilities of the owner.

It doesn’t a genius to understand that the owner of a sole proprietorship is personally responsible for its debts and liabilities. That's indisputable! But, admittedly -

YOU DID NOT SUE AND YOU DO NOT HAVE A JUDGMENT AGAINST THE OWNER OR OWNERS OF THE SOLE PROPRIETORSHIP !

I took a small sole proprietor BUSINESS to small claims court and won.

Point to anything in your posts that tells us that you “took a small proprietorship business OWNER to small claims court and won”?

And even today you still don't know the name of the person or persons that owned the business at the time the alleged liability or obligation was incurred.

Your argument is about as logical as suing the pickup that ran the stop light and banged into your Toyota.
________________

Now lighten up and quit with your chasing wild geese. Find out who owned the sole proprietorship at the time in question and file your lawsuit naming __________ (the owner) doing business under the firm name and style __________(name of business).