I am not a lawyer, I am a Judgment Broker. This article is my take on adding AKA (aka) debtor names to civil lawsuits. This article is based on my experience in California. Laws vary by state, and nothing in any of my articles should be considered legal advice.

Sometimes you sue an entity, and then they change your name. Sometimes you were in a hurry to sue an entity and didn’t have time to find out all the names they are doing business with or using. Sometimes debtors start a DBA (Doing Business As) business, or later discover this after the judgment is entered.

Adding a new debtor entity to a judgment typically requires a complex and expensive new lawsuit and court trial. This is because you must persuade a judge to add a debtor to a judgment, which requires personal notice to all parties, money, luck, lots of evidence, and a full trial.

However, many times all you need to do is add an AKA or DBA to a lawsuit. Examples are when you discover that the debtor has married and now uses a different last name, or owns a non-corporate business, has other names that he uses, or changed his name. In this case, the judicial procedure is much easier, you can simply make an Affidavit of Identity.

An Affidavit of Identity (AOI) does not add new debtors to a judgment, it is just a request to the court to add a debtor’s AKAs and DBAs. An AOI can also be obtained for a corporate business debtor that holds a DBA business name.

For example, if you sue Barry Clark and later discover that he uses (and maintains a bank account) under the name Barry William Davis Clark, or if Barry starts a non-corporate business as a DBA, an AOI may be used. .

Note that an AOI cannot be used to add Barry’s spouse to a judgment, his Class C corporation, or his business associate. To do that, a new lawsuit is required to prove the alter ego, or piercing of the veil, fraudulent transfers, etc. AOIs can only add other names that Barry uses to the trial.

One can do an AOI with the court once, and the updated names will be on the judgment in court. For the life of judgment, one must use the amended names. For example, if you filed an AOI to add the alias Barry David William Clark, all future writs, motions, and documents must use the name Barry Clark alias Barry David William Clark.

Alternatively, an AOI can be made for a particular bank lien. If Barry has a DBA business called Barry’s Bikes, and has a bank account under that fictitious name, one could make a claim with some evidence, such as a certified copy of a fictitious business name (FBN) certificate, and attach it to the order. judicial. each encumbrance attempt.

In California, to garnish a bank account that is a DBA of the debtor, you must provide a certified copy of your FBN certificate. But what if it has expired? If your circumstances do not meet one of the exceptions listed in CPC 700.160, you must obtain a court order to place the garnishment. Doing an AOI first solves this problem.

To get a court hearing for your AOI, you must prepare the paperwork, file it with the court, and have the debtor receive (sometimes by mail) notice of the court hearing.

At the hearing, you can point out that even if the debtor lets your FBN expire, your DBA or FBN should be added to the judgment because it is still an alternate name for the debtor. Also, in a court hearing designed only to add a (AKA, FBN, or DBA) of a debtor, but not take their assets at that time, the debtor is less likely to appear in court and you will earn your AOI.

In most cases, AOI orders are “nun pro tunc orders,” meaning “now by then,” retroactively changing the judgment debtor’s name on the judgment as if that was the name they were sued under.

Some small claims courts require you to use their forms, in California it is form #SC-105. On this form, you are simply asking the court to add Barry William Davis Clark as Barry Clark’s DBA, so that this sentence can be enforced. Then, you provide proof that you have, for example, a check from the debtor, a document, a database search, etc.

If the court does not have its own form, see the text below. I am not a lawyer, and this text is just an example, and will need to be modified to work in your court. It is intended as an initial reference to modify, for the court and the state in which you are working:

—————————

Your name and capacity (original judgment creditor or assignee of record, pro per)

Your address, telephone, fax and email.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR SANTA CLARA COUNTY

Paul Plaintiff (Plaintiff)

against

Dan Debtor (defendant)

CASE NUMBER: case number

DECLARATION, SWORN STATEMENT OF IDENTITY, PROPOSED ORDER AND POINTS OF AUTHORITIES. (In California: CPC 680.135 and CPC 674.(c)(1))

NOW COMES Paul Plaintiff, in the internal matter, and hereby provides the following Statement in support of an AFFIDAVIT OF IDENTITY:

1) I am the (original judgment creditor or assignee of record) in this matter. I am over 18 years old. I have personal knowledge of the facts in this document, except as to those facts which are stated to be known by information and belief, and as to those facts, I believe to be true. If I were called to testify, I could and would do so competently.

2) On March 29, 2010, the court handed down a judgment in this action in favor of PAUL LENDER and against DAN DEBTOR, for the sum of $15,000.00 of principal, plus $150.00 of costs, plus interest at 10 percent per year, even is pending.

3) When reviewing (on camera) the public records of the sources provided to the court (mention sources of evidence attached), it is clear that the debtor’s name DAN DEBTOR is also known as DANIAL DEBTOR and DANIAL ZE DEBTOR. Each alias has the same social security number and date of birth.

4) For this reason, in preparation for enforcement of this judgment through actions including the filing of Writs of Execution by this court, I wish to include in the judgment the names DANIAL DEBTOR and DANIAL ZE DEBTOR as aliases for DAN DEBTOR.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signed on July 7, 2010 in San Jose, California.

___________________________________________

(Creditor of the original judgment or assignee of the record, in Pro Per)

Order Approving Affidavit of Identity.

Once the affidavit of identity has been considered by the court and good cause has been presented, IT IS ORDERED that the names DANIAL DEBTOR and DANIAL ZE DEBTOR as aliases for DAN DEBTOR be added to the Judgment, Writ of Execution, Summary of Judgment, and others. documents necessary to enforce this sentence.

Dated and signed: ________________________

Judge or Commissioner of the Superior Court of California

MEMORANDUM OF POINTS AND AUTHORITIES

In California, CPC 680.135 and CPC 674(1).