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    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
     
    #1

    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's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
     
    #2

    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.

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