Legal Question in Business Law in California

I got a judgment against a company that was denoted as a "business form unknown" in the complaint.

At the time of filing I did not know the form of a business that I litigated against.

I discovered recently that the company was an unregistered general partnership in California.

Does this prevent me from collecting or create any challenges? Do I need to modify the judgment to include that the company is a General Partnership so I can collect?

Thanks.


Asked on 6/28/17, 12:18 pm

2 Answers from Attorneys
Aaron Feldman Feldman Law Group

Sounds like you got a default judgment. Just because they are a General Partnership shouldn't affect your judgment as long as you sued them under the correct name they were doing business as. You may want to talk to an attorney regarding collection methods. You may want to try amending the judgment to include the general partners, assuming you know who they are. Collecting judgments can be tricky. Good luck.

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Answered on 6/28/17, 12:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would call your attention to Corporations Code section 16307, captioned "Actions against partnership; judgments". Subsection (c) says "A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner." See also other subsections of 16307.

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Answered on 6/28/17, 3:50 pm


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