Page 175 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

3. Oh no! The JD’s Name Put the Wrong Name on the Judgment!

Let’s say you get a judgment where the debtor is named Bobbi
Williams. But her real name is Roberta Williams, and Bobbi is just a
nickname. A problem? Not really.

You file what’s called an “Affidavit of Identity” (AOI). It’s an
affidavit by you, to the court, saying that Bobbi William is also
known as (AKA) Roberta Williams.
You’ll need to research your state’s precise code for that. There’s a template of an AI on the
Forum under Peter’s Course Files. Here’s one from California.

“The affidavit of identity shall set forth the case name and
number, the name of the judgment debtor stated in the
judgment, the additional name or names by which the
judgment debtor is known, and the facts upon which the
judgment creditor has relied in obtaining the judgment
debtor's additional name or names.” CA CCP 680.135

You can use the AOI when:
✓ To correct the spelling of a JD’s name on the judgment
✓ The JD has nicknames

✓ When the JD has an additional name due to marriage
✓ When the JD changes his or her name

4. Oh no! The JD company changed its name!

Let’s say there’s a pet store with the clever name of: Pet Store.
It might be an LLC, corporation or sole proprietorship.

And, let’s say there’s a $30K judgment against Pet Store
because one of its snakes bit a customer.

And then, let’s also say that Pet Store changes its name. Now
it’s called Pet Shoppe. Inc., or Bobby’s Pet Store LLC, or Animal
Shoppe of Houston Texas, or something else.

Problem: The judgment is against Pet Store, but the bank account, real estate and other assets
may now be under a wholly different name. If you go to garnish the bank account, the bank may
say, “Sorry, no company with that name here.”

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