Having the business Owner's name on my Small Calims case -- can i keep him on it?

Question

I recently won a small claims case against a business....i won by default judgment because the business never bothered to file a defense or take it seriously. Now that i have won and am bound to collect the business is taking it seriously and the first course of action they are trying to do is to have the owner's name removed from the case (as well as filing a motion to set aside the default judgment). When i filed my case i not only put the business name as the defendant but also added a 2nd defendant: the Owner himself.

To give you insight, this business was to do contract work on my home...they never bothered and so i am suing it. I wanted to put the owner on the case as well because i feared that by suing just the company this business would just claim bankruptcy and change its name and i would see nothing. By having the owners name i could go after him exclusively...Is that allowed or acceptable? I fear this is what he is planning on doing (claim bankruptcy or just

change his company name).

Can someone tell me, is there any way i can keep the owner as a defendant on this case?

When the company came to work on my house i exclusively dealt with the owner of this business and he is the one i have problems with...he has been very shady with me throughout....he stole my money.

Answer 1

If the business is a corporation the owner is normally protected from lawsuits. If the business is a sole proprietorship then you can sue the owner as well.

Changing the name of the company would not absolve them of the judgment. Selling the business would not either, the new owners would also acquire the debt. Bankruptcy could help them avoid paying you some of what is owed, however since you have a judgment you are at the head of the line as they sell of all of the businesses assets to settle the debts of the business.

Answer 2

Don't let them convince you that you have to delete him or something. The bottom line is that you COULD have deleted his name or not included him in the suit, but now that you have a judgment, it's on him to pay up or pay the consequences. He should have said something earlier if he wasn't the actual culprit. Just stick to your guns, you're doing the right thing.