More details to this question:
I sued a car dealership and won my judgement. I want to obtain a writ of fieri facias to get the sheriffs office to go and seize property (vehicles) so that they may sell it at auction and i can collect my judgement. The owners sold the car dealership but it is under the same name? Can i still get the cars? Also, my judgment is against the owners and the company. Thanks!
1 ANSWER
Was the dealership a legal entity, like a corporation or llc? If so, did the judgment debtor sell the assets, or the entity itself? You can't tell this just from the fact that they are using the same name to do business; the name itself may have been one of the assets sold.
If, for example, the debtor is a corporation (your judgment would have to be against the corporation, not just some company name) which sold the cars to another person or entity, you can't have them sold to collect your judgment, no more than you can collect on your judgment by selling a car which the dealership sold to another consumer.
If, however, the dealership itself was sold, for example if the dealership was a corporation and the shareholders sold their stock to someone else who is now operating the dealership, then the judgment debtor corporation still owns the cars and (if IBM owes you money, the fact that the shareholder of IBM are different today then they were when the debt accrued doesn't change anything), assuming you can meet all other requirements, you can have them sold to satisfy your judgment.
Answered on Jul 25th, 2014 at 9:39 AM