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    dmorris799's Avatar
    dmorris799 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 14, 2013, 01:21 AM
    Post Judgement
    Jugement was obtained sometime in 08 or 09. Started as 1099 employee in 2007 under S Corp. S Corp was established and approved in 1993. Had very little activity and was dormant until 2007 when I started using it as 1099 employee.

    In 2011, started private practice again under S Corp. Last year I sought our CPA assistant and as it turns out, I have filed using Schedule C vs 1120S. My CPA is assisting me in amendents,etc. and getting things up to a bona fide state. My status of 1099 will still be in effect up to the 2011 transition to W2 so I don't know what this means for the garnishment part (1099 vs W2).

    Long story short, S Corp bank account was garnished two days ago, in addition to my personal bank account. I just read the article about piercing the corporate veil and I'm wondering if I may have any recourse to having the funds return via motion to quash. Who bears the burden of proof re: the conduct of corporate affairs in cases like this? What options do I have?

    From the scenario, gross negligence is obvious mostly out of confusion and ignorance of "the governance" aspect.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 14, 2013, 04:20 AM
    Well the first question is where, ANY question on law needs to include your general locale as laws vary by area. The second question is what was the judgment about?

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