Filed a small claims complaint for non-payment for advertising. Erred in filing an incorrect name for owner of the business (defendant), but used the correct name of business (i.e. John Doe D/B/A Many Mandolins) . Judgement awarded for plaintiff by default with defendant not appearing before court. Since wrong name of individual was used in filings (complaint/judgement) is this judgement null and void? Does a new complaint need to be filed with correct name of individual? or is having the name of the business owing monies sufficient?
Answer
I think it depends on the facts. If the individual is operating as a d/b/a then the company and the individual are one in the same, and you shouldn't have a problem. You should speak to an attorney about collection options and how to proceed.
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