Can I have a judgment amended to name an individual instead of the fictitiously named business? If so, how?

Asked over 1 year ago - Brewton, AL

I have an Alabama judgment against a California business . I had sued the fictitiously named business ( a sole proprietor who had filed a fictitious business name ( dab ) ) instead of the individual who was doing business as the fictitious business name . Now , the accompany has gone out of business , but I still need to collect on my judgment . Is there a way to have the judgment amended to reflect the individual's name instead of the business so that I can collect from the individual ? If so , how do I do this ? If not , what can I do to collect from this individual ? Do I need to sue again ?

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20


    Lawyers agree


    Answered . In CA, you can get a judgment amended "nunc pro tunc" by making a motion to your judge. I imagine the same procedure is available in AL.

    If the defendant is a CA resident, you're going to need to "domesticate" your AL judgment in CA and then collect on it in CA, so you'll need to hire a lawyer in CA.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  2. Constantine D. Buzunis

    Contributor Level 17

    Answered . i agree with the other counsel.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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