How to Collect on a Judgment Where the Defendant's Name Is Incorrect

Correct the names of a defendant during or after court proceedings.

The bad news: You cannot collect on a judgment where the defendant's name is incorrect. The good news: You can petition to have the name corrected, during a court hearing or through legal administration, and then collect on the judgment. To avoid errors to begin with, pay close attention to every detail of court forms and supporting documentation. Clerical errors are possible at any time -- so stay abreast of the details and correct any inaccuracies with diligence.

Things You'll Need

• Personal identification
• Proof of legal name
• Request to correct judgment answer form

Instructions

1. Ask the judge to amend a business' legal name if your company is suing the business. Speak to the judge during the hearing if you note any discrepancy in court documentation. Failing to amend or provide an accurate company name may leave you unable to collect on a judgment.

2. Go to the office of the clerk for the court handling your case within 30 days after a hearing. Present at least two current forms of identification -- a driver's license and a passport, for instance. Explain the matter to the clerk and ask for a Request to Correct Judgment and Answer form.

3. Fill out the form. Explain the clerical mishap in detail and include the accurate and exact spelling of the defendant's name. Make three copies of the form. Give two copies to the clerk; one will be for court files and one will be for the defendant. Keep the third copy.

References

• NYS Unified Court System: NYC Civil Court and Small Claims Part
• County of Los Angeles Department of Consumer Affairs: Correcting a Court Error