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-   -   Liening an acct (https://www.askmehelpdesk.com/showthread.php?t=213424)

  • May 7, 2008, 07:21 AM
    donf
    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!
  • May 8, 2008, 08:50 AM
    donf
    "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.

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