I am not a lawyer, I am an expert in Judgment Broker. This article is based on my experience in California. Laws vary from state to state, and nothing in any of my articles should be considered legal advice.
This article is my opinion about car name issues, liens, and liens. By asking a bailiff to conduct a search (where they intercept the flow of cash for a short period of time) or a warden (where they stay at a business and inventory its assets for possible auction sale), or to seize property for sale at auction, exact names are required.
Sometimes people sue companies without stating the correct name of the entity, and sometimes entities change: Bob’s Burgers could grow into Bob Burger’s Inc.
What happens if a debtor is a company with a fictitious name of DBA (Doing Business As) and is sued to create a judgment that does not specifically mention any legal entity designation? In that case, you cannot change the debtor’s information on the court order without a motion and a judge’s signature.
Although “you may, you must not” request that the legal entity designation be included in the order after judgment under CCP 116.560(b) and 116.630, the Sheriff will not take a garnishment action without a legal entity designation in the order.
CCP 699.520 (c) changed in 2011 with respect to previous years, and now establishes that a document must include: “the name and address of the judgment creditor and the last known address of the judgment debtor. If the judgment debtor is not a natural person , the type of legal entity shall be stated”. The sheriff will not enforce a lien unless the name and type of legal entity are specifically listed on the court order.
Even if a ruling was issued in 2009, the new version of CCP 699.520 (c) now applies. You need at least one affidavit of identity signed by a judge to change the name on a judgment. For example, include Rip Off Auto Repair as AKA (aka) Barry Clark.
Even if your judgment is against Bob’s Burgers, you can’t just put Bob’s Burgers on paperwork for a car and lien. At least in California, your deed and paperwork must include the state and name of the legal entity. Examples would be Barry Clark DBA Bob’s Burgers, Bob’s Burger’s LLC, or Bob’s Burger’s Inc.
The solution is an affidavit of identity. This changes the legal name on the judgment to match the DBA of the judgment debtor, unless there is a reason the entity is not liable for the judgment debt. For example, a corporate entity is separate and an INC or LLC cannot be added to a lawsuit with a simple affidavit of identity.
It is possible to obtain an approved affidavit of identity by mail, as long as a copy of what you are proposing is given to the debtor. If you mail an affidavit of identity to the court with a warrant application, it is sometimes overlooked, so include a brief note alerting them to your affidavit of identity.
While an identity affidavit can be made for each garnishment attempt, it is sometimes better to do it once, alone, before any garnishment attempt. Doing this once will permanently change the name on the judgment, making it easier to get a deed in the correct name of the legal entity to pursue a lien.
If a DBA debtor creates a corporate entity with the same or a similar name, it creates a barrier to enforcement of the judgment. To overcome this barrier, a new lawsuit must be filed to prove the existence of an alter ego or corporate liability for the sentence. That is beyond the scope of this article.