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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45899
Experience:  Attorney with 29 years of experience.
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Would like to establish contact with an attorney who is familiar

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Would like to establish contact with an attorney who is familiar with TEXAS law regarding post judgment proceedings (debt).
The court denied plaintiff's first motion for default judgment on a technicality. An amended motion is pending and may be granted. If so,
a) Is my DBA business bank account safe from a possible attachment (writ of execution)?
b) Is my LLC account in which I am holding customer project deposits safe from attachment.

Thanks, Klaus
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Good morning. 1) If the DBA is a limited liability entity such as an LLC, then the account cannot be directly attached. But the plaintiff, once granted a judgment, can attach your interest in the company, thereby giving them access to the assets. If the DBA is for a sole proprietorship, then they have direct access after getting the judgment. 2) This should be an specific escrow account, which would contain these funds which are deposits. These would not be assets of the LLC and would not be attachable.

 

 

I hope this has given you information that has been helpful to you. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.

 

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If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Richard, Attorney
Category: Legal
Satisfied Customers: 45899
Experience: Attorney with 29 years of experience.
Richard and 15 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. Once a judgment has been granted, how soon can the plaintiff apply for a writ?

 

The LLC has a different name than my DBA with an EIN, not a SS#) and myself as a member. Can that account still be attached?

 

 

Expert:  Richard replied 2 years ago.

No...the account cannot be directly attached.

 

As soon as the judgment is granted, his first step will be to have the sheriff serve a summons on you for a debtor examination. That forces you to meet him in court and answer questions under oath about your assets. After he obtains that information he has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the debt. How fast this occurs depends on the diligence of the plaintiff, but it usually happens within 30 days.

Customer: replied 2 years ago.

I just added a bonus of $50.00 since I have more questions:

(I had sent another email but it may not have gone out)

 

Just for clarification, the judgment (if any) will be against myself individually (with SS#)and my DBA company.

 

The LLC account was established prior to this lawsuit, is at the same bank but has a different name with its own EIN and myself as a member.

Is this account safe from attachment?

Should I move this account to a different bank, just in case?

Expert:  Richard replied 2 years ago.

Thank you! If the judgment is against both you and the LLC, then the assets of the LLC could be attached directly. But, if this account was not under the name of the LLC and had it's own EIN as a separate entity, that account would not be at risk. But, it wouldn't be a bad idea to get this account out of the same bank because they are all likely linked under your name.

Customer: replied 2 years ago.

The lawsuit only names myself and the DBA.

The differently named LLC has not been mentioned in any court documents.

 

Although I will most likely contact you again in the near future, one final question for now:

Nothing will happen "overnight" in regards XXXXX XXXXX an account? The plaintiff has to follow certain proceedures to execute a writ / attachment, correct?

 

I appreciate you!!

 

Klaus

Expert:  Richard replied 2 years ago.
That is correct. I'll be here when you need additional help. Take care in the meantime. Happy to help.
Customer: replied 2 years ago.

Hello again!

We had communicated in February and I hope our previous text communication will show in this email.

In a nutshell:

Plaintiff won a default judgment in February and there was no activity for 3 month. I now received a certified letter containing a "Subpoena" commanding the Fire Chief of the local fire department to produce payroll records and paycheck stubs. The fire chief has NOT received such a letter.

(Besides running my business, I work part time as a BattalionChief for the fire department). Plaintiff demands to send those records via USPS to a P.O. Box address in Dallas on or before July 7, 2012. (Attorney's office is in California).

How should I proceed? I am planning to object to this Subpoena. No privacy notice, no discovery in progress, and this is a consumer debt not a tax or child support matter and I feel this is mostly an attempt to intimidate and harrass.

What are your thoughts and how can I object to a subpoena that has not been signed by a judge? Thanks.

Expert:  Richard replied 2 years ago.

Good morning. Object to the subpoena based on the fact that there is no relevance because Texas does not allow wage or compensation garnishment and thus your payroll records have no relevance.



I hope this has given you information that has been
helpful to you. If the information seems more general than specific, please be
aware that we are only allowed to provide information and not specific advice.
If you have a follow-up question, please
remember that there might be a delay between your follow up questions and my
answers because I may be helping others or taking a break.
If you need additional clarification on this
question, please do not hesitate to click Reply and I will be happy to do what
I can to help you further. Thanks for allowing me to be of service to you. Please
be aware that the information provided here is not legal advice. Rather it is
simply general information. All states have intricacies in their laws and
any information given is simply information only and specifically is not
intended to be, nor does it constitute, legal advice. This communication does
not establish an attorney-client relationship with you. I hope this answer has
been helpful to
you.



Customer: replied 2 years ago.

Great. I will have more questions. How can I pay you? Just add a bonus?

A certified letter to the attorney's office objecting to the subpoena will do, correct?

And.... why would they not go into discovery proceedings; or a court ordered debtor's examination to find my business accounts as you had mentioned in a previous email?

(PS - I am not a dead beat. I am trying to settle with the original creditor but these folks will not let go).

Expert:  Richard replied 2 years ago.

Yes..do this by certified letter so you have proof of delivery. They are likely just trying to intimidate you and this is likely just their preliminary move.

A bonus is great! Thank you!

Richard, Attorney
Category: Legal
Satisfied Customers: 45899
Experience: Attorney with 29 years of experience.
Richard and 15 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

OK. Just paid and added a little bonus.

2 more questions for now and I'll be in touch again when required:

If this is a preliminary move, what would be their next possible step after my objection to the subpoena?

Can they attach bank accounts prior to discovery (debtor's examination) or court orders?

Expert:  Richard replied 2 years ago.

Thank you so much!

1) There next step would be to ask the court for the debtor examination.

2) With the judgment, if they can find the account, it is possible to levy the accounts, but generally the bank will not grant the levy without a court order...which will be granted if they ask for it and have the applicable information. They usually have the debtor examination to find these accounts and their account numbers.

Customer: replied 2 years ago.

You're welcome!

Excellent. I can handle this with your help and will be in touch again.

Thanks so much!

Expert:  Richard replied 2 years ago.
It's always my pleasure! You're welcome!
Customer: replied 2 years ago.

Hello again.

I just learned that the Fire Chief actually received a subpoena as well to provide the requested information. Does he need to answer and object to the subpoena because the information is not relevant, or is it sufficient that I submit the objection letter?

Thanks.

Expert:  Richard replied 2 years ago.

He should answer and object and you should do the same. He doesn't simply want to ignore it because he has been subpoenaed. But, he can object demanding that the attorney get authorization from the judge because these are confidential records and without a court order, he is not going to release this information just because a lawyer asks for them. Then you will object based on relevancy.

Customer: replied 2 years ago.

OK. I'll speak with the Fire Chief again and sort this out & make arrangements.

Additionally, is there really a court debrors examination in Texas? Why wouldn't they just come after my company records and start discovery process or Subpoena Duces Tecum (sp). I only get paid pennies with the fire department part time job.

I'll be back in touch after I spoke with the Fire Chief and send you a tip/bonus when I have more questions.

Thanks.

Expert:  Richard replied 2 years ago.
You're welcome; I don't know why they are not going the route of the debtor's exam....doesn't make sense to me.
Customer: replied 2 years ago.

Harrassment? Trying to make me settle with them? I never heard anything back from their previous lawyer after I complaint in writing about their collection methods.

Expert:  Richard replied 2 years ago.
It's likely this is a means of an attempt to intimidate you.
Richard, Attorney
Category: Legal
Satisfied Customers: 45899
Experience: Attorney with 29 years of experience.
Richard and 15 other Legal Specialists are ready to help you

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