• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How do you file a stipulation form?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Laws2

Junior Member
I won a judgment against my landlord. And of course they did not pay me. The judge order a body attachment against them. But the body attachment only have the name of the of the corporation. The Sheriff returned the body attachment to me telling me that i need to add the name of a member of a corporation on the body attachment. I went to court and ask them that i needed to add a name on the judgment. They gave me a form called Stipulation.
On the bottom of the form they ask for the signature and the name of the defendant. How do i get that? Those people are hiding!!! Moreover, what do they mean by registration number?
 


ZeroAccend

Junior Member
I won a judgment against my landlord. And of course they did not pay me. The judge order a body attachment against them. But the body attachment only have the name of the of the corporation. The Sheriff returned the body attachment to me telling me that i need to add the name of a member of a corporation on the body attachment. I went to court and ask them that i needed to add a name on the judgment. They gave me a form called Stipulation.
On the bottom of the form they ask for the signature and the name of the defendant. How do i get that? Those people are hiding!!! Moreover, what do they mean by registration number?
You should be able to get the answers to all of these questions from the court clerk. It's not like legal advice where they're not allowed to answer. It's information on how to properly fill out a legal form which is why they're there.

Also note that renting properties to people is considered a business.
 
Last edited:

latigo

Senior Member
What? The sheriff returns the writ of attachment telling you that you needed to “add the name of a member of the corporation to the body of the attachment” and now you’re talking about amending the judgement!?

I went to court and ask them that i needed to add a name on the judgment.
How did we get from attachment to judgment? The sheriff would not have taken it upon himself to tell you to add a name to the judgment.

Regardless, a party to a lawsuit cannot amend a judgment once the judge signs it! Not in any respect whatsoever. And that includes substituting or adding names to the judgment.

If the form of a judgment is later found not to accurately reflect the court’s ruling in the case, it can be amended to conform by a nunc pro tunc order * signed by the judge that issued it. And under certain circumstances that can be done by the parties to the lawsuit stipulating that the nunc pro tunc order be entered.

But no one would be so foolish as to stipulate to add their name to a judgment as a judgment debtor!

Back up and start over. Forget about what the clerk told you. Ask the sheriff to explain why he could not execute the writ of attachment and what is needed so that he can execute it. It maybe that all he needs (or thinks he needs) is the name of an officer of the defendant corporation upon whom he can serve the writ.


[*] The Latin term “nunc pro tunc” meaning “now for then”. In other words, a order to retroactively correct an earlier incorrect order.
 

Laws2

Junior Member
Thanks for the advices... To tell you how unlucky i am, this is the second time they did not execute the BA. The first time they told me that they cannot have a body attachment on the agent of service. Instead i needed a member of the LLC. Now that i have a name, they are asking me for me to put the name of the member in the BA.!

This is so frustrating! I moved out in January and still cannot get the deposit.

Thanks,
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top