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inamess · Jan 2, 2009, 08:59 AM

Hi, thanks for answering my question. My husband has a business that is incorporated. He was sued by a company he owed money to for materials. (Background info-we owed over $18000 and were paying on it. Had it down to about $8,000 and weren't able to make the big $1,000 payments we were making on it. We would send something, but it wasn't acceptable to them and they sued us) Over the course of several months we probably paid another $2500 on it. Then my husband got sick and we couldn't pay anything at all. I called the attorney's office that we were dealing with and they said "no problem, send it when you can". Next thing you know (probably a month after I called them) they levied his business bank account. He had just been back to work after being off for over 2 months. He had just finished a job and was paid and they wiped the account out. Not to mention that half of the money in the account belonged to his helper on the job. It was about $3500. We had to borrow from my parents to make up for it. So now they are sending us a personal examination letter and I am confused as to what we have to disclose. The original debt was from an account in the business' name. When they sued us, it was in both the business name and my husband's name. So my question is, can they go after our personal property (ie house, car, etc) or only after things in the business' name (which there isn't much of). The total we owe is now about $2000. I am in Ohio, by the way if that helps.

Thanks for any advice!

George_1950 · Jan 6, 2009, 11:56 AM

Originally Posted by inamess

So my question is, can they go after our personal property (ie house, car, etc) or only after things in the business' name (which there isn't much of). The total we owe is now about $2000. I am in Ohio, btw if that helps.

Thanks for any advice!

I have attached a link that should provide additional information. Your house is most likely 'real' property; everything else is 'personal' property. If the judgement is in the business name and your husband's name (personal), then whatever your husband owns, individually or jointly (with you), could be subject to payment of the debt.
Collecting On Small Claims Judgments