I have a court judgement against a company that was not an LLC or corporation.
I did not name the owner as a defendant, can I still collect directly from him?
short answer: yes.......but you should name the owner in the complaint so that the judgment is clearly against the owners.
Maybe, maybe not. The whole point of any corporate form (s-corp, c-corp, LLC, LLP . . .) is to protect the owners from liability. While it is possible to amend a judgment to reach the principal of a company as an "alter-ego" it is rare, and there are things you have to prove. At base, whatever you proved was against was against a company, not a person. You can't collect against that person without that person having a chance to defend themselves.
For instance, members of a defunct corporation may simply let a lawsuit default a corporation with no assets. And letting a corporation go bankrupt is a completely reasonable business decision in may situations. That doesn't mean the principals are liable. If your judgment is a default, this will be an uphill battle. You should have sued the individual along with the company and alteregos. This is not intuitive for the lay person, but it is a very good reason to have a lawyer. Get one if you want any chance at amending a judgment to include an alterego.
If this response is helpful, please mark it as "best" and/or "helpful." It helps me learn what information is the most helpful for Avvo users. This response is for general informational purposes only, and it is not intended to be specific advice to any individual, nor does it create an attorney-client relationship. It is based on California law only and does not purport to apply to any other jurisdiction. I am licensed only in the State of California. All cases turn on their own unique facts and law, and need to be carefully considered on their own merits.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline