Legal Question in Business Law in Washington

A restaurant under a LLC dba with a different name owes us for a service they asked us to do. We tried repeated collection attempts went to small claims and got a default judgement. Now as we are in process of filing a writ of garnishment, we find that the restaurant has closed and the agent for the LLC has opened under another dba. Will our judgement that mentions only the name of the dba restaurant apply to the LLC or do we have to start over?


Asked on 4/06/11, 11:15 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

DBA's are irrelevant, so long as the underlying corporation is the same, or is a successor corporation. So if it was ABC, LLC d/b/a/ 123, LLC and now it is ABC, LLC d/b/a/ 456, LLC then you should have no problems.

Since you sued the DBA and not the LLC d/b/a/ _______, you may have to jump through some additional hoops, but your judgment should still be enforceable. The hoops may require you to go back to the court and file a motion to clarify the judgment to note the underlying LLC's name, so that later on, no matter was DBA the LLC operates under, you should have no trouble enforcing your judgment.

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Answered on 4/10/11, 7:24 pm


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