I recently won a Small Claims court case against the owner of a Landscape company, but I listed the owner's name when I filed the claim. So when I got the judgement paper from the court, it listed the judgement against the owner and not the company itself. The company incorporated last year, which I didin't know. Should I have brought the claim against the company itself, and will I still be able to put a lien against the company resources since the judgement is against the owner.Also, can I amend the claim to include the company.
Country relating to Question: United States
State (if USA): New York
Nothing yet, I just got the sucessful judgement.
You should have named both the owner and the company as defendants. Since you have a judgment against only the owner, then you can only pursue the owner and his assets, not the company. You cannot amend the claim, although you can withdraw the judgment and claim, and then refile the complaint (assuming your judgment was granted on default).
What if the court clerk made an error, or misunderstood my intent. I wanted the claim against both. When I I filed the claim I indicated and stated the owner's name as owner of such and such company. So I did indicate the name of the company and thought I was making the claim against both. I didn't realize that wasn't the case until I receieved the judgement. Can the court make the correction if I bring this to thier attention.
Regardless of whose error it was, the court cannot add the judgment against a new party who did not have an opportunity to appear and defend itself. Your only recourse is to pursue the owner, or withdraw the claim and refile as against both owner and company.
But since he owns the company isn't it considered a resource of his that I could pursue.
No. The company, when incorporated, becomes a separate entity, and any assets owned outright by the company are shielded.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
I do have another question.
Since the company is incorporated, he may be on the payroll. If this is the case, can I put a lien against his salery.
By the way, I don't know if it makes a difference, but his company was not incorporated when he did the work in question.
You can serve him with an information Subpoena to find out if he is indeed "employed" by his company and then if he is, you can apply with the court for a Writ of Garnishment which would then be served on his "employer" to transmit his regular paycheck directly to you until the judgment is satisfied.
Thank you for your asistance. I already gave a rating and no longer wish to reply.
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