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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Judgment I won against a corporation

Collections Law - Judgment I won against a corporation

Expert: Regan Shinski - 11/13/2009

Question
I have a judgment I won against a corporation located in FL. I'm in MD and this is where the judgment was awarded. I attached their bank account and got a small portion of the judgment. Since then they opened up under a new corporation (LLC). I suppose this was to block me from attaching their bank accounts since the name on the bank account would be different then the judgment. The new corporation uses the old company name as one of their DBA. The website domain for the new corporation was registered and is listed as owned by the old corporation that I have the judgment against. Will the new corporation be responsible for the judgment I have against the old corporation Or will I have to go through the long process of suing the new corporation again.

Answer
I believe you have options to avoid re-trying the case, however they are not guaranteed to work. It really depends on the court that you sued in, their procedures, and varying state laws.

First off, I have you tried attacking their bank accounts? Send the proof you mentioned of the DBA. Check www.sunbiz.org and see if the officers are the same or if you can further prove links to the other company. I would contact or just try get at the bank account first. It may work. If the same DBA is on the bank paperwork, I believe the bank has to honor the judgement. If you are using a sheriff's office, they may be able to give insight in advance if it will work or not.

Secondly, you can contact your court and ask the procedures for an amended judgement. Some courts allow petitions through mail or online forums. You may be able to get the new company added fairly easy and inexpensively. Obviously you want to ADD the new company, not replace the old.

Thirdly, was the corporate shield solid? If they are using DBA's and obviously manipulating names and companies, chances are their paperwork may not be up to legal standards. I would contact an attorney - look for a free consultation at this point - to see the process of getting the judgement amended to include the officers or responsible party. This may have more impact. LLC's in Florida can be taxed as a partnership, sole proprietorship, or corporation. If it happens to be a construction company, they really have to be taxed as a corporation for work comp reasons. If they are not doing so, it's a dead giveaway they are really - and legally - not a corporation. This opens a LOT more avenues for collection.

Fourth, if you are open to it, you can try guerrilla tactics. Contact the Better Business Bureau, division or corporations, licensing boards, even their customers and vendors. Simply advise them of the type of business they are dealing with. You must be 100% certain and only 100% factual in whatever you do or there is a small risk of libel or slander. you may want to seek legal advice before doing so, but it CAN work to give debtor incentive to pay.

Good luck, I hope this helps you collect!

Regan
mbscompany@aim.com

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