This is a follow up to a previous blog post on this subject: Who is
your judgment against. We talked in the earlier post about the absolute
necessity of having your judgment debtor listed properly. It can save
a lot of headaches down the road if you get this right to begin with.
Whenever a judgment debtor has been misnamed, it opens up a defense
for the debtor to use in avoiding paying the money that is due for
You want to collect your judgment. You want to get
paid what you are due. You surely don’t need any unnecessary
problems to make it any harder to enforce your judgment. This post
will help you be aware of a potential problem so that you can confirm
early-on whether a styling or naming problem even exists with your
If the debtor is a corporate entity, it is just
as critical to make sure that the judgment debtor is named very
precisely. The best thing I can suggest is to go to the corporate
records on-line at the Secretary of State’s website. Look
there to confirm precisely how the corporate entity is spelled.
Also, look to see if there are any commas in the name. Hopefully
you will find everything to be listed as it should, but there are
many judgments that are unenforceable because of a tiny error in
the naming of the party. Compare these examples of differences you
might look for:
ABC Company Inc.
ABC Company, Inc.
This just shows you that there many similar ways
to misname a party and if you don’t pay attention, you can
be left with a judgment that is difficult or impossible to collect.
If you do have a judgment with a styling, or naming
problem, you might try filing a “Motion to Amend Judgment.”
You will want to do a little research before filing a motion of
this type. Some jurisdictions place a time limit on making any kind
of amendment or correction to a judgment. Some jurisdictions also
have certain specific reasons for an amendment being accepted. I
recommend you look into the Rules of Procedure for the court in
question and you will find what methods to use in order to correct
the naming problem. You can also check in your local law library
to find resources on this subject which can help you. In any case,
you will need to be aware of what methods are allowed in your state
and your particular court for getting a name changed and corrected.
If worse comes to worse, and your situation won’t
allow an amendment, then you might consider refiling a new lawsuit
against your adversary, and being extra careful to name the parties