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I recieved a Wit of Execution on my LLC company name. I dont have any assets in the company name. on the wit it states that you are commanded to satisfy the judgment. with: 1, out of the personal property of the defendant and if sufficient personal property cannot be found ,then out of the real property belonging to the defendant. 2. except as to property of the defendant set off as exempt(alist is attached) out of personal property of the defendant within your county. and if sufficient personal property cannot be found then out of the real property. can they take my personal property? Response: No, they cannot. An LLC is a separate legal entity. If the writ is issued in the name of the LLC, then the LLC’s assets would be the assets that are affected and NOT your personal assets. One of the reasons for setting up an LLC is to shield you from personal liability for LLC’s debts such as the case here. If the LLC does not have any assets, the writ cannot be enforced against your personal assets or real property.
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