PDA

View Full Version : Liening an acct


donf
May 7, 2008, 07:21 AM
Planetpep,

Okay, I've now counted three posts all along the same vein.

Please go back to the original post and define for me the situation you are in.

From the original posting, I drew the conclusion that you as a representative of you wife's business transgressed in some mater belonging to that business>

Is that what happened? Or as this posting suggests, are you in defaulting on a personal debt (yours only)?

If you have a personal account under your "DBA" company that is owned by the company, for the sole use of company business, a reasonably good attorney may be able to shield those funds from the creditor.

I suspect that if you have co-mingled personal and company funds, you are in trouble.

The only real protection you may be able to take is a personal bankruptcy.

Regardless, talk to a NY licensed Attorney, now!

donf
May 8, 2008, 08:50 AM
"co-mingling" means mixing your personal cash and liabilities with the corporate cash and liabilities.

For example, you have balance of $500 in the corporate account and you use $250 to pay a personal liability say "cable TV" or to get food for personal consumption.

I'm not a lawyer, but I did go through some business law classes, so again, you need to find an attorney you can trust. My nephew is a "Transportation" attorney in Washington, DC. He is also licensed in NY. If you would like, I would ask him if he knows a competent attorney in NYC or NYC/NJ areas.

My only real concern would be if your wife signed any papers of incorporation or acted as a officer in your defunct corporation.

I am not qualified to speak as if I am an attorney, nor am I an any way a member of the legal community.