Ask Experts Questions for FREE Help !
Ask
    jhk002's Avatar
    jhk002 Posts: 4, Reputation: 1
    New Member
     
    #1

    Apr 15, 2010, 12:15 PM
    Small claims judgment against me
    HI... I have an s corp with a judgement against me. Is there any way they can go after my bank accounts?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Apr 15, 2010, 12:24 PM
    Quote Originally Posted by jhk002 View Post
    HI... I have an s corp with a judgement against me. Is there any way they can go after my bank accounts?
    The judgment is against you personally (not the corporation)?
    And you're worried about your (personal) bank accounts? What would this have to do with your corporation?

    Or do you mean the corporate bank accounts?
    If that's what you're asking, this has been asked several times before. In theory, sure. But it's unclear in most court rules of procedure how they would go about it.
    jhk002's Avatar
    jhk002 Posts: 4, Reputation: 1
    New Member
     
    #3

    Apr 15, 2010, 12:57 PM
    Quote Originally Posted by AK lawyer View Post
    The jugment is against you personally (not the corporation)?
    And you're worried about your (personal) bank accounts? What would this have to do with your corporation?

    Or do you mean the corporate bank accounts?
    If that's what you're asking, this has been asked several times before. In theory, sure. But it's unclear in most court rules of procedure how they would go about it.
    The judgment is against the corporation. I was wondering if and how they can go after the corporate bank accounts? The corporation has no assets or property... just a few $ in the bank that I personally put in there to make corporate credit card payments. Do I need to take the money out?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Apr 15, 2010, 01:06 PM
    Quote Originally Posted by jhk002 View Post
    ... I was wondering if and how they can go after the corporate bank accounts? ...
    Simple.
    Get a writ of execution.
    Serve the writ on the bank.
    Bank will respond, saying "Yes, we have $___ on deposit belonging to ___, Inc. Here it is."

    If you take the money out and put it on your pocket or something, they have a strong argument that you are mixing your personal finances with those of the corporation. They could in theory try to "pierce the corporate veil", and hold you personally liable. I don't advise you to do that.
    jhk002's Avatar
    jhk002 Posts: 4, Reputation: 1
    New Member
     
    #5

    Apr 15, 2010, 03:07 PM

    Thanks for the advice... one more question for you.

    If I form another corporation... under a different name.. and move the few $$ from the first corporation into the new one... can they go after the money in the newly formed corp?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Apr 15, 2010, 03:11 PM

    That will also work against you. It shows you are trying to hide money from a legal creditor.
    jhk002's Avatar
    jhk002 Posts: 4, Reputation: 1
    New Member
     
    #7

    Apr 15, 2010, 04:04 PM

    How will that work against me? One company has nothing to do with the other. If the judgment is against company "a" why would they be able to go after company "b"? What would be the connection between the two?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Apr 15, 2010, 04:14 PM

    Because YOU are the connection. If they follow the paper trail they can see that you are hiding the money. The fact is that you lost a judgment so you owe the money. Pay up.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #9

    Apr 15, 2010, 10:48 PM
    Quote Originally Posted by jhk002 View Post
    thanks for the advice... one more question for you.

    If I form another corporation... under a different name.. and move the few $$ from the first corporation into the new one... can they go after the money in the newly formed corp?
    If Corp. A pays money to Corp B (or you, me, or anyone) without consideration, it would be a "fraud on creditors".

    A corporation, especially one that owes more money than it has, simply cannot get away with transferring money or property to somebody else (or as you propose to another company) essentially as a "gift".
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Apr 16, 2010, 03:53 AM

    Here's a novel idea. Try paying what you owe instead of trying to dodge your legal debts. If you don't have the money, then try working out a payment plan with the creditor or file for bankruptcy.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Friend claims I owe him money and is taking it to small claims court [ 2 Answers ]

I was on holiday with a friend who booked and paid for a trip. When we got home he asked me for the money for this trip. He never told me how much it cost or that he would want me to contribute until afterwards. I have told him that he should have asked first and I wouldn't have gone as I cannot...

Small claims [ 1 Answers ]

Can my bank account be garnished for unpaid cc, or is this wage exempt?

Small claims judgment [ 1 Answers ]

What can the PA sheriff take to satisfy a credit card debt?

Judgment / small claims [ 3 Answers ]

Hi there. I have a judgment against a person and I'm trying to collect, but when I went to Marshalls and they try to collect from employer but her employer state that she is not making enough money so I can't collect any money. I want to know if there is anyway to find where the person has bank...

Notice of motion to vacate judgment in small claims [ 4 Answers ]

I need to find out How to file a notice of motion to vacate a small claims judgment. Where do I get the form? Is one available on line? I was served with papers on a case. I called to reschedule. I was told fine it would be reschuled. I come back from vacation and I have a judgmnt agaiinst ...


View more questions Search