How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas McJD Your Own Question

Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6515
Experience:  Experienced in Corps, LLCs, Partnership, etc.
19305272
Type Your Business Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

if you start an LLC with another member (such as a family or

Resolved Question:

if you start an LLC with another member (such as a family or friend), but have child support claims against you, can there be a lien placed against the newly formed LLC, or action taken against it by the state?
Submitted: 1 year ago.
Category: Business Law
Expert:  Thomas McJD replied 1 year ago.

Thomas McJD :

Hi, I'm Thomas and will be happy to assist you. My goal is to make you a very satisfied customer! Thanks in advance for your patience.

Thomas McJD :

What state is the LLC in?

Customer:

nevada

Thomas McJD :

In NV, the LLC is not responsible for the debts of an individual member. However, if your creditors were to obtain a judgment against you, they could ask for a charging order against your financial interest in the LLC. With that, they would step into your shoes to take anything that is distributed from the LLC to you. However, they cannot participate in the management of the LLC, so they cannot force the LLC to actually make a distribution. Often times, this allows the LLC to freeze out the creditor by refusing to make a distribution. Thus, the protection is quite good.

Customer:

ok im just reading the disclaimer on the side panel and it says that this is not legal advice. i am in fact searching for something that is reliable and factual. will this conflict with advice from a lawyer if i hired one?

Thomas McJD :

The information you obtain here is factual and is the law. You just cannot rely on it as if it were legal advice from an attorney you would hire. However, the information you get here will not differ from what an attorney you hire in NV would tell you.

Thomas McJD :

In other words, I can tell you what the law is. You can then use that information as you see fit. I simply cannot give you advice on how to use that information.

Customer:

oh ok i see

Thomas McJD :

Here is a link to an article that discusses the relevant statute and a case discussing the same:

Thomas McJD :

http://calcorporatelaw.com/2012/03/nevada-supreme-court-clarifies-status-of-llc-charging-orders/

Thomas McJD :

It's pretty straight forward on this matter -- the LLC protection is very good and there's very little that a personal creditor of a member can do in regard to the LLC of which that person is a member. Just let me know if I can help with anything else. If not, I would be grateful if you could please leave me a positive rating for my assistance. Thanks!

Customer:

so basically what youre saying, as far as the charging order, is that whatever interests that person owns in the company, or property...it can be seized? or would they only have to pay what their interest or property in the company is all worth, out of thier own pocket or some of money they acquire through the profits or the business?

Customer:

ok thank u and i will

Thomas McJD :

No, it cannot be seized. All they get is the right to take anything that the LLC chooses to distribute to you. They cannot force a distribution or liquidation.

Customer:

ooooh....ok, i think i get it now. i will look up that website u posted and thanks again!

Thomas McJD :

You're very welcome. Have a great night!

Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6515
Experience: Experienced in Corps, LLCs, Partnership, etc.
Thomas McJD and 2 other Business Law Specialists are ready to help you
Expert:  Thomas McJD replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions