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wallstreetesq.
wallstreetesq., Attorney
Category: Business Law
Satisfied Customers: 17223
Experience:  10 years, Corp litigation, Of Counsel to several global and nationwide corporation
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I am trying to collect a judgment against a company that was

Resolved Question:

I am trying to collect a judgment against a company that was bought by another company. I hvae been told that all I need to do is get the proper documentation and add the new company to the judgment as a "dba". Is this correct, and would and interoffice memo from the new owners stating that they had purchased the company be sufficient ?The also advertise the merger on their website. This judegment is now almost $120k and I need to collect ASAP.
Submitted: 7 years ago.
Category: Business Law
Expert:  wallstreetesq. replied 7 years ago.
WHEN A COMPANY PURCHASES ANOTHER THEY USUALLY ASSUME ALL JUDGMENTS THAT PREVIOUS COMPANY HAD, IF YOU DIDN'F FILE A UCC CLAIM FILE IT NOW ON THE OLD AND NEW COMPANY TO MAKE SURE THEY KNOW THE CLAIM EXISTS, ALSO IT IS NOT AS SIMPLE AS ADDING A "DBA" THE NW COMPANY MAY HAVE DISSOLVED THE PRIOR OR BOUGHT THE ASSETS OF THE COMPANY, IT IS BEST TO HIRE A COLLECTION AGENCY TO DISCOVER THE EXACT RELATIONSHIP, AND ENFORCE THE JUDGMENT ON THE NEW COMPANY.

THE JUDGMENT WILL BE ENFORCED BUT THE PROPER LEGAL STEPS NEED TO BE TAKEN, A MEMORANDA IS NOT ENOUGH EVIDENCE, HOWEVER THE MERGER LEGAL DOCUMENTS WERE PROBABLY FILED WITH THE STATE OF INCORPORATION AND THAT WILL BE NEEDED.
Customer: replied 7 years ago.
So you are saying that this is not something that I can do myself? I am at the end of my rope with these people stealing my earnings and have little resources with which to pursue this; every company I've contacted wants 50% of the cash even though I've done the majority of the work up to this point and waited years to collect.
Expert:  wallstreetesq. replied 7 years ago.
FIRST FILE A UCC LIEN ON THE NEW COMPANYhttp://www.sos.ca.gov/business/
THIS CAN BE DONE YOURSELF, I WOULD FIND A LAWYER TO FILE MOTION TO AMEND THE JUDGEMENT TO INCLUDE THE NEW COMPANY, LEGAL FEES FOR THIS ARE CHEAPER THAN A COLLECTION COMPANY THEN ALL YOU HAVE TO DO IS GIVE THE JUDGMENT TO THE MARSHALL OR SHERIFF TO COLLECT.
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