Legal Question in Real Estate Law in California
When a party loses a small claims case and it is determined that monies are owed to a plaintiff, can the suing party go into the county and legally change the name/s of the party/ies adjudged to owe the monies to the plaintiff?
1 Answer from Attorneys
It depends but usually not. If the change is merely to correct something like a typo in the name in order to perfect a judgment lien or something like that, you can petition the court to correct the records. You most certainly cannot, however, win a case against one person or entity and then change the judgment into a judgment against another or additional people or entities. You cannot change a judgment in the name of a business entity to a judgment against the owner(s) or vice versa either. The bottom line is that you must sue and get a judgment against the actual person(s) or entity(ies) you intend to collect the judgment from.