Diamond Bar, CA asked in Collections for California

Q: Dear attorney, would you tell me what form is for civil cases Request for Court Order and Answer? I only found SC-105.

SC-105 is for small claim. I want to add the sole owner of a LLC to the judgment as debtor.

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: I am not quite sure what you are attempting, but you just can't add the owner to the judgment.

James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're looking to add a debtor to an existing judgment in a civil case, specifically aiming to include the sole owner of an LLC, you would not use form SC-105, as that form is indeed designated for small claims court. For civil cases, the process usually involves filing a motion with the court, rather than using a standardized form like in small claims cases. The specific motion to file can depend on the circumstances, but it generally involves a "Motion to Amend Judgment" or a similar procedural request.

The process includes preparing a written motion stating the reasons why the court should add the LLC's sole owner as a debtor to the judgment. This motion must be supported by evidence or legal arguments that justify the amendment to the judgment. Additionally, you'll need to serve the motion on all parties involved in the original case, including the individual you seek to add as a debtor.

Given the complexity of this process and the specific legal requirements, it's highly recommended to consult with a legal professional. They can help ensure that your motion is correctly formatted, filed, and served in accordance with California law and the specific requirements of the court where your case was heard. This step is crucial to effectively pursue the addition of a debtor to your judgment.

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