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  • Feb 14, 2013, 01:21 AM
    dmorris799
    Post Judgement
    Jugement was obtained sometime in 08 or 09. Started as 1099 employee in 2007 under S Corp. S Corp was established and approved in 1993. Had very little activity and was dormant until 2007 when I started using it as 1099 employee.

    In 2011, started private practice again under S Corp. Last year I sought our CPA assistant and as it turns out, I have filed using Schedule C vs 1120S. My CPA is assisting me in amendents,etc. and getting things up to a bona fide state. My status of 1099 will still be in effect up to the 2011 transition to W2 so I don't know what this means for the garnishment part (1099 vs W2).

    Long story short, S Corp bank account was garnished two days ago, in addition to my personal bank account. I just read the article about piercing the corporate veil and I'm wondering if I may have any recourse to having the funds return via motion to quash. Who bears the burden of proof re: the conduct of corporate affairs in cases like this? What options do I have?

    From the scenario, gross negligence is obvious mostly out of confusion and ignorance of "the governance" aspect.
  • Feb 14, 2013, 04:20 AM
    ScottGem
    Well the first question is where, ANY question on law needs to include your general locale as laws vary by area. The second question is what was the judgment about?

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