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Category: Business Law
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My husband is self employed. If his company name is Online

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My husband is self employed. If his company name isXXXXX he files taxes as XXXXX XXXXX dba Online Decorating Co. My question is if he is to be personally sued, can that party attach (freeze) the monies in the Online Decorating Co. bank account? The law suit would be against XXXXX XXXXX.
Submitted: 7 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 7 years ago.

Yes, the creditor can attach the company account.


By comparison, if he has a corporation, and is sued personally, the corporation is immune. likewise, if the corporation is sued, he would be immune if the contract was with the corporation.

INFOLAWYER and 2 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
How can the creditor attach money in the account, if that money was wired there by other clients to complete work for them?
Expert:  INFOLAWYER replied 7 years ago.
The creditor would need to secure a judgment first and then can enforce as against the dba. For this reason he should either do business as a corporation or LLC and protect himself personally from creditors. Please accept my answer.

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