View Full Version : How do personal judgements affect your llc's?
frankjohnson22
Jan 6, 2009, 07:05 PM
If I have a personal judgement on me but still own llc's, can they collect or interfere with my llc's?
Can they garnish those wages?
Does it matter if I am 100% member or have other members?
excon
Jan 8, 2009, 04:59 AM
Hello frank:
They can seize your stock and garnish your wages. They cannot seize the llc bank account, but they can seize your private ones.
It doesn't matter how many or whether there ARE any other stockholders or employees of THAT llc.
excon
AK lawyer
Jan 16, 2009, 11:30 AM
Hello frank:
They can seize your stock and garnish your wages. They cannot seize the llc bank account, but they can seize your private ones.
...
I beg to differ.
1. Your ownership of an LLC is normally not evidenced by "stock". That would be for a corporation.
2. You own your interest in the LLC. They can seize all non-exempt assets, including your interest in the LLC (and, in turn) the bank accounts which belong to the LLC. They might have to jump through certain hoops, but ultiimately they could get the money in that bank account.
Limited liability is like a ratchet or one-way street. You are protected from liability for debts of the LLC, but the LLC is not protected from liability for your personal debts.
excon
Jan 16, 2009, 02:42 PM
I beg to differ.
1. Your ownership of an LLC is normally not evidenced by "stock". That would be for a corporation.Hello lawyer:
The distinction between ownership by "stock", and just outright ownership is a distinction without a difference. The bottom line is, they can seize the LLC because it's an asset owned by judgment debtor.
Going through the back door that way, will allow them to seize the LLC bank accounts.
excon