Legal Question in Credit and Debt Law in Connecticut
Can I change the name of the judgement debtor
I recently won a case in small claims court against an individual who owns a business. His name is listed as the judgement debtor. How can I change the judgement debtor to the name of his company?
2 Answers from Attorneys
Re: Can I change the name of the judgement debtor
No, but there are other things to do. Does your defendant own the business directly, or is it a corporation (or limited liability company)? If he owns it directly (sole proprietorship), you don't need to change anything, because the assets are in his name. Ask the court clerk for help in completing an application for a bank or property execution.
If the business is a corporation or LLC, the next question is whether it was the GUY who owed you the money or the BUSINESS. If it was the business, you goofed when you sued the guy individually. It means that if you can't find any assets in his name, like a bank account, you have to do it all over again, this time suing the business. You CAN wait until you find out whether you can collect from the guy directly, but be careful about statutes of limitations. These statutes apply differently, depending on what kind of contract you had, so maybe you should let a lawyer look at the whole thing and give you some advice.
Re: Can I change the name of the judgement debtor
There is no need to change the name of the judgment debtor. You can get a wage garnishment issued to his company requiring the company to remit amounts equal to a certain proportion of the debtors weekly income to the sheriff who will send it to the creditor periodically. If you wish to attach other assets, you can get an information subpoena issued requiring the debtor to disclose assets, bank accounts, etc.