Legal Question in Civil Litigation in California

Wrong Defendant Named & Adjudicated

I received a judgment against the defendant in June 2000.

Very recently, I find that there is a corportion that should have been suited instead.

The judgment debitor was suited "DBA" and "doe."

Should I serve the corporation as the Doe? Should I request a dismissal of the first judgment and serve the corporation on the Complaint?

Thank you.


Asked on 8/29/00, 11:17 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Wrong Defendant Named & Adjudicated

If the initial defendant is a valid party to this action than I do not recommend that you dismiss the judgment right now. What you need to do is add the corporation as a doe defendant and serve the complaint on the agent authorized to accept service on behalf of the corporation. If the Court deems that the originally named defendant is not a proper defendant the Court will dismiss the judgment. I would not recommend that you dismiss anything and let the Judge decide who should and should not be sued. If you need help adding a doe defendant you can contact my office for a free, no obligation consultation. You can reach my office toll free at 877-546-9918. You may want to hire an attorney to do this for you so that it is done right. If it is past the statute of limitations you may have a problem adding the doe defendant, but we can discuss this if it is an issue. I look forward to speaking with you. If you do not take me up on my offer, you should consult with an attorney and at least have your documents reviewed before they are filed. I wish you the best of luck if I don't hear from you.

Sincerely,

John Hayes, Esq.

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Answered on 10/03/00, 3:53 am


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