QUESTION
What can be done to a case filed under an incorrect name?
Asked on Aug 09th, 2012 on Bankruptcy - Michigan
More details to this question:
I have won a judgement against a man five years ago for damage he has done to my roof. He has never paid the judgement. His son is a junior and today found out that the judgement is under his credit. The son wants me to sign an affidavit or he will take legal actions against me. His dad stated his name in court. The court filed the judgement. Who is at fault? What can I expect to happen? How can I have the judgement against the senior?
3 ANSWERS
You will likely need to hire a collections attorney to handle the issue with the original defendant. I handle such matters in North Florida.
Answered on Aug 23rd, 2012 at 3:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I am confused. If the real debtor was in court the judgment should be good. The Jr has a right to ask you have your judgment against his father corrected. I would cooperate.
Answered on Aug 23rd, 2012 at 3:33 PM
Dennis P. Mikko
You would have to petition the court and advise the court of the error. Only the court can change the judgment.
Answered on Aug 23rd, 2012 at 3:32 PM