Naming a Business Defendant on a Summons

A court can throw out a judgment if it discovers a debtor was incorrectly named and/or served as a defendant. Or you may discover a judgment can't be enforced because the debtor's name doesn't match the name on their bank account, property and other assets, right down to the commas and periods. Yes, you could always motion the court to change the debtor's name at this point, but the court will tip them off with a mailing.

Make sure you name a corporation or LLC/LP defendant exactly as they are named with the CA Secretary of State.

For fictitious business named businesses, name them exactly as they are registered with their county clerk. You might even consider naming the entity behind it first, like: Charlie Cool dba Cool Construction, or Five Cool Guys Construction, Inc. dba Cool Construction.

For good measure, I've seen attorneys include all the known variations of the business name. For example, "Five Cool Guys Construction, Inc. aka Five Cool Guys, aka Charlie Cool and 5 Guys," etc., etc.

After identifying who or what makes up your business defendant and properly naming them on the summons, be sure you serve it on the correct person.