My mother recently went to a paralegal but they never did anything. They never filed the paperwork but they took the money and refuse to take her calls. She filed a small claims against them but the lady never showed up. We went to the Sheriff and the lady there told us that this is not the first time she has received complaints about this company. She said they scam everyone and once they get sued they change their business name and this is how they supposedly avoid being sued. She told us to file a complaint with the business license department of the city so that they can get the license taken away. Is there anything my mother can do to get her money back? They said the name change they do is what makes it difficult to sue them. We live in California. According to the lady we talked to, the name change makes it difficult to serve her with the court papers.
Paralegal scam advice?
Changing the legal name of the business does nothing to insulate a business from liability. Your small claims judgment is enforceable against the same company regardless of the name change. It may be a little more difficult to enforce because you will need copies of the documents showing the name change. These can be obtained from either the state for a fee if they are a limited liability entity, or from the county if they are simply operating under a dba (%26quot;doing business as%26quot; or fictitious name for individuals or a group of individuals to operate a business).
The real problem is that regardless of the name of a business, it takes money to enforce a judgment, and probably more money than the face value of your judgment. Against an uncooperative party, you usually need to place a lien on their property or levy their bank account to enforce a judgment
As an aside, paralegal service companies are allowed in California because what they do is not deemed to be legal advice as long as they limit themselves to legal document preparation and advice about certain kinds of procedural rules.
Paralegal scam advice?
Quite a scam because paralegals are NEVER allowed to give legal advised. Only a person with a law degree and licensed in their state can give legal advice.
