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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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I DIDNOT FILE MY GROUNDS OF DEFENSE ON TIME GOT A LETTER FROM

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I DIDNOT FILE MY GROUNDS OF DEFENSE ON TIME GOT A LETTER FROM GREENBURG LAWFIRM THAT THEY SENT TO THE CLERK A MOTION TO GRANT IN THERE FAVOR I WAS JUST GOING TO GO TO COURT BUT I GUESS THEY WON BECAUSE I DIDNT FILE INTIME . CAN THEY FREEZE MY BUSINESS ACCOUNT RIGHT AWAY? OR CAN THEY EVEN FREEZE IT THE BUSNESS ACCOUNT IS IN THE COMPANY NAME WITH MY NAME AND SOCIAL NOT MY E I N NUMBER BECAUSE I FILED BANCRUPTCY AND HOW CAN THEY SUE ME OVER BOGUS CHARGES

-Could you explain your situation a little more?
Is the business a corporation or a proprietorship owned by you?

Was the business named as a defendant in the suit?

Customer: replied 5 years ago.
iat first it was both of our names but judge dimissed me but i am owner and sole operater and it keeps coming to my home address

-Could you explain your situation a little more?
Is the judgment against you or a corporation?

Are you saying the suit was against both you and a corporation but the judge dismissed you? I'm trying to figure out first who the judgment is against and second whether the business is a corporation or a proprietor ship?

Customer: replied 5 years ago.
it is a corp and its for business adds at first all the paper came with my name on it with the company name under it went to court judge dismissed me because i file bankruptcy my e i n number is XXXXX on any of the paper work and its not even my signature. was going to file ground of defense but it when i looked at paper from court at last minute it said it had to be a lawyer to file it well stuff happened and i failed to file grounds of defense and Greenberg law firm sent me and clerk letter to grant them the judgment because i didn't file in time. i was just going to go to court on the date and explain . can they freeze me business account it does have corps name but my social on it since i filed bankruptcy
Dear JACUSTOMER - If the judgment is against the corporation and the business is a corporation then they can attach the corporate bank account and any other corporate assets. They cannot touch your personal assets. It is true that you cannot represent the corporation in court so unless you hire an attorney you will not be able to contest this judgment. I'm not certain what you meant by "bogus charges" but if you are sued and fail to defend then a judgment can be taken. At this point you will need to file a motion to vacate the judgment and show what defense you have to the claim against your company. If you can show you have a reasonable legal defense and that there was a good reason why you failed to file an answer the court may vacate the judgment and permit you to file an answer and raise your defenses in the case.
Customer: replied 5 years ago.
do you know any good corp lawyer in va that could do this

We are not permitted to recommend private attorneys from this website but I can refer you to the Bar Association who can offer referrals to attorneys in your area.

Here is their website.

http://www.vba.org/

Customer: replied 5 years ago.
thank you i need to know still if my agency name is XXXXX XXXXX bank account with my name and my social not my E I N since i file bancruptcy can they freez my account
As I said above, they cannot freeze or attach your personal assets so any accounts in your name and SSN cannot be attached for the corporate debt.
Customer: replied 5 years ago.
even though the name on the account is the business and my social is in the details of the account and name the tax id is not on the account . sorry i just so worried all of this because some one signed my name and clearly its not my signature on yellow page adds and if they do win the judgment how long does it take for them to freez an account do they have to give me options first

They can freeze accounts immediately without notice but if the judgment is against the corporation and the account has your SSN and not the corporate ID number then the account could not be attached and if it is you can challenge the attachment. My suggestion is to withdraw all the money immediately since then there would be nothing to attach regardless of whether they try.

Customer: replied 5 years ago.
do you thin i can change name on account? how long after they file that paper to clerk does that usally take
It depends on the court and whether they actually file against your account. Just because they have a judgment doesn't mean they attach your account. That is a separate filing. I would close the account entirely and get the money out and open another account in your name only at another bank if you want to protect the funds that are there. Unless they can show these are corporate funds they cannot attach the money. If the funds belong to the corporation they can be attached wherever they are located and you can't just transfer them to your self since this would be considered as a transfer to avoid creditors.
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