Page 176 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

Okay, so what do I do?

Briefly, you have to show the court that the company with the new name is really the exact
same company on the judgment. You can do this by pointing out to the court that the company:

✓ Is doing the same type of business
✓ At the same location (not always necessary)
✓ With the same owners

There may be other factors too, such as having the same customers, same suppliers, same
bookkeeper, same bank account and so on. The company may even change its location, but still
with the same owners, etc.

That’s called an “alter ego” of the company, and sometimes a “successor company.” It means
that the company has morphed its identity, but really is the same outfit.

Why can’t I use an Affidavit of Identity if the company has changed to a corp?

If it’s a sole proprietorship, you probably can. But not if the type of business has changed,
such as morphing from a sole proprietorship to an LLC or Inc.

ALTER EGO

The affidavit of identity shall not include the name or names of Latin: ‘the other’.
persons, including any corporations, partnerships, or any legal
entities not separately named in the judgment . . . In legal terms, it’s a
Cal CCP 680.135 company that has
changed its identity to
shield itself from
creditors.

5. Oh, No! The JD filed a claim of exemption!

Maybe the JD claims that the money in his bank account is exempt for some reason, maybe that it
all retirement money. He files a “claim of exemption.” And, that means that the asset will be

released unless you oppose it. Typical property that is exempt includes:
✓ Furniture and appliances needed for everyday living.

✓ Tools, uniforms, vehicles and other things needed to earn a livelihood.

✓ Jewelry, art, and heirlooms up to about $6,000.
✓ A certain amount of money in a bank account

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