cracrap Posted April 5, 2007 Report Share Posted April 5, 2007 hi all,,,does anyone know if a judgment awarded against me as the defendant...xxxxxx d.b.a. an unknown business entity or structure.....can this be listed on my personal credit report?? Link to comment Share on other sites More sharing options...
willingtocope Posted April 5, 2007 Report Share Posted April 5, 2007 Sorry...I'm confused. Somebody was awared a judgement against your "doing business as" business? Right? Then, since your business wasn't incorporated, the judgement is really against you...so...yes, it will probably appear on your personal CRs. Link to comment Share on other sites More sharing options...
cracrap Posted April 5, 2007 Author Report Share Posted April 5, 2007 actually the biz is incorporated and the individual suing knew that so he sued me as xxxdba "unknown entity or structure"..in our answer to the court we stated we were incorporated...long story short,,,since that was how the opposing party filed suit naming me xxxxxdba "unknown entity or structure" that is how the judgement reads..... Link to comment Share on other sites More sharing options...
willingtocope Posted April 5, 2007 Report Share Posted April 5, 2007 Ouch...I guess you'll need a lawyer to sort it out then. I'm not a lawyer, but my guess would be that its still a judgement against you personally... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 5, 2007 Report Share Posted April 5, 2007 He sued you, it seems to me. Link to comment Share on other sites More sharing options...
IHateCAs Posted April 5, 2007 Report Share Posted April 5, 2007 It depends.A sole proprietorship or general partnership would offer you no personal protection against a lawsuit vs the business.If you were a corporation or LLC, they'd have to pierce the corporate veil to make you personally liable for debts of the corporation. Link to comment Share on other sites More sharing options...
cracrap Posted April 5, 2007 Author Report Share Posted April 5, 2007 im aware of the liability issue between corp and personal debts.....let me rephrase the question..when the cra sees the judgement,will it be on my personal credit report? i was the registered agent for the corp so they sued me as xxxxdba "blah blahblah"...and if the cra reports it, can i fight it as being a debt of the corporation,not me personally?for credit reporting purposes,not liability reasons... Link to comment Share on other sites More sharing options...
willingtocope Posted April 5, 2007 Report Share Posted April 5, 2007 Like Recovering Attorney and I said, from what you've described, he sued YOU, not the corporation. (And, besides, the CRAs don't listen to mear consumers...its whoever that trolls the court files they'll listen to). Link to comment Share on other sites More sharing options...
Methuss Posted April 6, 2007 Report Share Posted April 6, 2007 d.b.a = sole proprietorship = you are personally liable for anything the business does. Link to comment Share on other sites More sharing options...
cracrap Posted April 6, 2007 Author Report Share Posted April 6, 2007 can i file a motion to ammend judgement based on the fact that im an scorp and i want the judgement listed as the corporate name not the name of the registered agent..me!! in the answer to the summons it states that im a corp not a dba...if i can file motion is the timeframe 30 days from date of mailing?? Link to comment Share on other sites More sharing options...
Methuss Posted April 6, 2007 Report Share Posted April 6, 2007 As the registered agent for the s-corp, you still would get the summons. If they messed up and named you personally and not the corporation you can file a motion to vacate the judgment since you were not personally liable. Link to comment Share on other sites More sharing options...
cracrap Posted April 6, 2007 Author Report Share Posted April 6, 2007 how much time do i have to file by??.. the case was heard on 3/14/07..the mailing i think was done on the 19th according to online records Link to comment Share on other sites More sharing options...
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