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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 1765
Experience:  Solicitor at BLM
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We have a judgement against what we thought was a company.

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Hi - We have a judgement against what we thought was a company. It turns out that it was a trade name. I believe that he is a sole trader because he describes himself as proprietor (on closer inspection). How can I discover whether he is a sole trader or a partnership and do I need any address other than the office that he trades from?
JA: What state are you in? And have you consulted a local attorney?
Customer: Im in the UK
JA: Has anything been officially filed? If so, what?
Customer: 2 secs I will grab the file..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a judgement in the county court

Welcome to JA

Please can you provide a copy of the judgment to review.

Customer: replied 6 months ago.
Hi Anthony - Hang on - I need to scan it

Ok thanks

Customer: replied 6 months ago.
Its OK thx - happy typing

Ok i will review and return to you

Customer: replied 6 months ago.
Hi - this might be useful, its the business end of the order?

Please note regardless of whether the defendant is a sole trader or in a partnership he will be personally liable to meet the judgment.

Do you understand what I have stated if yes I will proceed to the next step.

Customer: replied 6 months ago.
I understand that he is ignoring the judgement because we should have used his name rather than his trade name. Is he correct? If not, I believe we should get bailiffs in. If he is right I want to get another judgement so I propose to use his name and the office address - or will that be doomed to failure.

Given the defendant is not a company and is likely a sole trader he will struggle to avoid liability of his business. The def and the business share the same liability unlike a company where director and the company are separate entities.

Therefore I suggest you consider the baliffs option.

I hope I have clarified the position if not please let me know

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.

Customer: replied 6 months ago.
Sorry - little bit slow here.... Do you think that the judgement is valid even though we did not refer to him by his name? He believes that it is not effective because we only used his trading name.
Customer: replied 6 months ago.
We tried to settle this reasonably amicably, without bailiffs, but he laughed at us because we used the wrong name.

Hello

You commenced proceedings against the party that entered into contract with you and in view of this the person named on the contract is the liable party. Having reviewed the documents the party that you entered into contract is the party you sued and since it is a sole trader he is personally responsible for the actions of his business.

Do you understand what I have stated if not please let me know

Anthony Chendo and other Law Specialists are ready to help you
Customer: replied 6 months ago.
That's good - thank you very much, have a good evening. 5 stars nailed on.

Thanks for the rating and have a good evening