Can a Default Judgement Obtained Against the Wrong Corporation Be Enforced

[Slapine5252]

My question involves judgment recovery in the State of: NEW YORK

Recently I was served paperwork by the Sheriff's department for a default judgement against an old debt. I had moved my business and bought another corporations assets. The company's lawyers must have thought that I had assumed that corporation, however I haven't been using it. My business title and all accounts are under a different corporation, however the paperwork has the same DBA name. So what my question comes down to is whether or not this default judgement is enforceable if it has the wrong corporation but right DBA??? And if so what could be declared a corporate asset? The business is a repair shop so their are tools and equipment that are personal property and not bought by the business, so are those able to be taken???

I would like to thank any help or suggestions in advance... Hopefully someone can get me an anwser...

[Mr. Knowitall]

If you chose to allow a default judgment against your corporation, that means there's a judgment against your corporation. You're not clear on exactly what entities were sued. Many states have laws, often called "bulk sales acts", that restrict a corporation's ability to sell its assets without also selling its liabilities, so your "only" purchasing the assets may not be sufficient to protect you. I cannot see the court pleadings or case caption from here, and don't care to guess about these things, so I suggest having them reviewed by a lawyer.

If they attempt to collect against assets you claim do not belong to the corporation, you can bring an appropriate motion in court to resolve the question of whether or not the assets are subject to garnishment or execution.