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    wayno317's Avatar
    wayno317 Posts: 1, Reputation: 1
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    #1

    Jun 18, 2012, 11:17 AM
    Personal vs business debt
    If I have a corporation in Texas and get a small business credit card and the card is in my personal and corp name. I can't pay and they sue. I realize they can freeze my personal bank account but if the corporation name does noy appear anywhere in the lawsuit, can they freeze my corporate account?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 18, 2012, 11:21 AM
    Quote Originally Posted by wayno317 View Post
    If I have a corporation in Texas and get a small business credit card and the card is in my personal and corp name. I can't pay and they sue. I realize they can freeze my personal bank account but if the corporation name does noy appear anywhere in the lawsuit, can they freeze my corporate account?
    Hello w:

    If the corporation isn't being sued, then its bank account is safe... I don't know HOW the banks lawyers missed that, though.. It can be fixed very easily, though. I'd see if I couldn't ease my money out of that account.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 18, 2012, 01:29 PM
    Its not a good idea to piggyback your question on another thread. To avoid confusion, I've moved your post to its own thread.

    As noted, if your business ios not mentioned that its not subject to attachment. Doesn't mean, that they won't catch on and sue the business also.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 18, 2012, 04:17 PM
    Since the card is in both names, they can sue both, but the corporation will have to be named in the law suit for them to take those funds.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jun 18, 2012, 04:20 PM
    Quote Originally Posted by ScottGem View Post
    ... Doesn't mean, that they won't catch on and sue the business also.
    Or bring a garnishment action against the business. In theory, a corporation isn't immune from debts of it's owner. It's just more difficult to determine that the corporation belongs to you.

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