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

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 ?

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Attorney answers 2

Posted

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 any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Posted

i agree with the other counsel.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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