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How to lien a fictitious name business?

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Bell1056

Junior Member
What is the name of your state? FL

I have judgment against a business (sole proprietorship) which is registered as a fictitious name by a single owner. The owner's name is not shown on judgment.

All the business assets are in owner's name only, but I thought a fictitious name and owner were one of the same - and therefore so were the assets and liabilities?

How do I properly file the certificate of lien reflecting them both as judgment debtors, to be able to levy the (business) assets?
 


S

skirklan

Guest
fiction is the narcotic of the masses

Most states require individuals to file DBA's (Doing Business As or Under an Assumed Name). If they fail to file this information at the local courthouse, they risk being prosecuted for fraud and tax evasion. Go visit with the County Clerk in your area and ask about local business practice.

You may not have to do anything depending on local laws.
 

Bell1056

Junior Member
Thank you, but in Florida you have to file a certificate of lien at the State level, and when you go to do that, they say that if the even if judgment has the bunsiess name on it, unless it also has the individual's name, I cannot file a lien against the person (who is the listed as the owner of all the business assets).... very confusing.
But on the other hand, a fictitious name is the same as the individual - I thought.... so it's almost like a Catch 22 situation.
Any ideas?
 

Bell1056

Junior Member
Failed to add, that yes, the owner has registered the fictitious name properly,
only the judgment does not show his indivduals name d/b/a XYZ company.
 

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