What's on Practical Law?
Can we amend judgment given against sole trader business so we can enforce against the sole trader personally?
Practical Law Resource ID 3-522-2768 (Approx. 4 pages)
Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.
Can we amend judgment given against sole trader business so we can enforce against the sole trader personally?
Anonymous (Private practice)
Q:
We have been asked to assist on a matter where a client sued a business and obtained judgment. His action was against X (X being a trading name for an unincorporated sole trader). He is now taking enforcement action and the sheriff's office has indicated that it is only able to enforce against the assets of the business X, and cannot take action against the sole trader in his personal name. As far as I can see we will need to make an application to the Court to amend the name of the defendant to "Joe Bloggs (trading as X)". Do you agree that this is the way forward. There are no limitation issues.
Get full access to this document with a free trial
Try free and see for yourself how Practical Law resources can improve productivity, efficiency and response times.
About Practical Law
This document is from Thomson Reuters Practical Law, the legal know-how that goes beyond primary law and traditional legal research to give lawyers a better starting point. We provide standard documents, checklists, legal updates, how-to guides, and more.
Learn more- Expert Guidance
650+ full-time experienced lawyer editors globally create and maintain timely, reliable and accurate resources across all major practice areas.
- Trust
83% of customers are highly satisfied with Practical Law and would recommend to a colleague.
- Improve Response Time
81% of customers agree that Practical Law saves them time.
End of Document
Resource ID 3-522-2768© 2024 Thomson Reuters. All rights reserved.