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    MeeKeeMee's Avatar
    MeeKeeMee Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 4, 2011, 09:19 AM
    How to file an attachment against a bank account?
    I have a certified copy of a Final Judgment and I want to file an attachment/garnishment on the defendants 'fictitious business' account. The problem is the defendant never registured the 'fictitious' name and the sheriff needs the fictitious business name statement to serve the Writ on the account. What can I do?
    Edy020's Avatar
    Edy020 Posts: 72, Reputation: 14
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    #2

    Apr 11, 2011, 03:43 PM
    Unless you can get a judgement against the individual owner of the business, there is not much that you can do. All you need really is to prove that it is a sole proprietorship, and that the business and the owner are one in the same.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 11, 2011, 03:46 PM
    Quote Originally Posted by Edy020 View Post
    Unless you can get a judgement against the individual owner of the business, there is not much that you can do. All you need really is to prove that it is a sole proprietorship, and that the business and the owner are one in the same.

    You are - again - absolutely incorrect.

    The OP needs to go BACK to Court and require full financial disclosure from the Defendant.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Apr 11, 2011, 06:29 PM
    Quote Originally Posted by MeeKeeMee View Post
    I have a certified copy of a Final Judgment and I want to file an attachment/garnishment on the defendants 'fictitious business' account. The problem is the defendant never registured the 'fictitious' name and the sheriff needs the fictitious business name statement to serve the Writ on the account. What can I do??
    Who is the judgment against? Is it against the business or the individual?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Apr 11, 2011, 07:18 PM

    It is not easy to open a bank account under a "business name" without some proof of the business, proof of a business license, incorporation or something,
    Have you searched for a business license, but you may have to take them back to court to provide documents about his bank accounts.

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