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View Full Version : Wage garnishment in a corporation


gsb10s
Aug 20, 2009, 06:27 AM
Several months ago my wages were garnish from my bank account from a judgement therefore I closed the bank account. If I would open a new bank account as a corporation since I am self-employed can they continue to garnish my wages or was the judgement satisfied when they cleaned out my bank account the first time? Also what would be the best corporation to open as an individual?

AK lawyer
Aug 20, 2009, 09:56 AM
Several months ago my wages were garnish from my bank account from a judgement therefore I closed the bank account. If I would open a new bank account as a corporation since I am self-employed can they continue to garnish my wages or was the judgement satisfied when they cleaned out my bank account the first time? Also what would be the best corporation to open as an individual?

They have a judgment against you, not the corporation. Therefore they could not garnish the corporation's account directly. They would need a writ naming the corporation.

The could, however, in theory, obtain a writ of execution enabling them to seize the assets of the corporation itself. I am not aware of this being done very often, but in theory it could be done quite easily. The main obstacle to doing this, I suppose, is the difficulty for the creditor to discover that the corporation belongs to you, especially if the articles of incorporation you file with the state do not name you as an officer or incorporator.

If you are self-employed, and you pay yourself wages, don't you need a bank account to write your paycheck from?