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Judgment Enforcement – The Step-by-Step Course





                                             Knowing what kind of business it is?

                        When your JD is a business, or has a business, the first thing you need to do is to
                    discover exactly what kind of business it is.  It may be 1) a personal

                    business or 2) a corporation or LLC. It is important for you to know       Two Types
                    which kind of business it is, because different rules apply to each.           of
                                                                                               Businesses
                       Two types of business:
                          ✓  Personal Business (dba or ‘trade name’ owned by the person)
                          ✓  Corporation or LLC

                                            Here’s how to find out which one it is.


                            Let’s say your debtor’s business is “Fast Carpet Cleaning.” Though it may

                         be a corporation, it probably won’t have the corporate signifiers—Inc., Corp.,
                         or LLC—on the business sign outside the store. To check and see if it’s a
                         corporation of some sort, go to the Secretary of State website for your state
                         and search under “Business Search>”

                            If you can’t find “Fast Carpet Cleaning” on your Secretary of State web
                         site, don’t automatically assume it’s not a corporation. It may still be a
                         corporation but registered in another state. Nevada and Delaware corporations
                         are fashionable these days, and maybe (and illegally) a person may start a DE
                         corporation, for example, and not register it in the state where it’s operating.

                            So use your professional databases to look in other states for corporations
                         called “Fast Carpet Cleaning”. Try different variations. For example, try

                         “Faster Carpet Cleaning” or any other possible variant.  You may also want to
                         put the name in Google and see what shows up there. Remember, all you’re
                         trying to do is determine whether it is a personal business or a
                         corporation/LLC.
















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