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Home > Law > Corporate Law   »   I have personal debt, can the courts garnish wages from my cooperation legally ?

 
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Old Jan 10, 2008, 09:48 AM
Wontoncookie
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I have personal debt, can the courts garnish wages from my cooperation legally ?

I have a unpaid credit card that was personal . The credit card company decided to garish both my cooperate account and my personal account. Is this legal or do they not have the right to touch the accounts since it is another entity ?

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Old Jan 10, 2008, 03:32 PM   #2  
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Hello Wonton:

No. Go to the bank and ask them to show you the garnishment order for your corporate account. If they don't have one, they'll have to put the money back. If they do, you'll have to go back to the court that issued it.

The credit card company certainly could have sued the corporation and gotten a default judgment if you didn't defend yourself - or more appropriately - if your corporation didn't defend itself. If that's the case, and your corporation was properly served, you may be outta gas. It's always wise to defend yourself in court. That would have been the proper place to bring up your argument. It's probably too late now.

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Old Jan 10, 2008, 03:35 PM   #3  
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In the subject line you mentioned "wages", but in the body you refer to accounts. If you are getting wages, then yes they are subject to garnishment. However, if you have a bank accounts that are in the name of a registered corporation they are not subject to attachment for personal debt.

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excon agrees: Ahhaaa. I missed another one.
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