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I have a judgement against an individual who has his bank account listed under a LLC, can I still garnish the bank account as he is sole owner of the company.

Submitted: 568 days and 13 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
Las Vegas, Nevada

Already Tried:
Lien on property

Posted by Legal Professional 568 days and 13 hours ago.

Answer

The short answer is no. The bank account belongs to the LLC. He owns all the shares of the LLC, but it is a separate legal entity.

Just as if I own a share of IBM, my debts do not belong to IBM.

That said, you can sometimes "pierce the corporate veil to make a shareholder responsible for the debt of a corporation". The converse generally is not true.

However, if you can show the assets were transfered by him to the LLC, after litigation began, or to shield them from litigation, you maybe able to get a court order to disgorge those monies, effectively allowing you to go after the LLC account. A person cannot hide or transfer money to third parties or people to defeat a creditor such as yourself..

568 days and 13 hours ago.

Reply

He has started 2 separte companies after I won a judgment against him and his company. How can I find out if he has incorporated the other 2 names of the company.

Accepted Answer

You can serve interrogatories in support of the collection of a judgment. The court would force him to answer.

You could also try runing them through your state's corporations department. (usually the secretary of state)

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Expert: Legal Professional
Pos. Feedback: 97.2 %
Accepts: 723
Answered: 4/19/2008

Lawyer.

JD, 10 years representing clients, 75+ Trials

568 days and 12 hours ago.

Reply

Can I talk to you over the telephone for just a few minutes this weekend or ?

568 days and 11 hours ago.

Reply

Can he still operate in the state of Nevada under his corp. even though his license was permantely revoked, according to the sec. of state

Posted by Legal Professional 568 days and 11 hours ago.

Answer

I can only answer on this forum...

Do you mean a corporate license or professional license?

568 days and 11 hours ago.

Reply

My cell number is XXX-XXX-XXXX-Please call me over the weekend for just a few minutes.

568 days and 11 hours ago.

Reply

I went to Nevada State License and pulled his company name Optimized Cash Flow and it stated the company was permanently revoked on 6/1/2006...what does that mean?

Posted by Legal Professional 568 days and 11 hours ago.

Answer

It means he has no license to operate.

I cannot call.

568 days and 11 hours ago.

Reply

I understand about calls, sorry. He still oerates his business under this name and has a bank account with the corp. name...am I able to garnish his account

568 days and 11 hours ago.

Reply

This is the first time I have used this service and I'm new,.. so don't know all the rules, but I'm catching on. I do appreciate all your advise.

Posted by Legal Professional 568 days and 11 hours ago.

Answer

The short answer is yes... but you must file for it... and the difference in names coul dmake it confusing fr the court and sheriff, but go ahead and give it a shot.

568 days and 11 hours ago.

Reply

Thank you for your advise,..do I need to pay you some more money? Or you a Penn State footballl fan as Like the team and the Joe P. the coach,..what an amazing story.

Posted by Legal Professional 568 days and 11 hours ago.

Answer

I do follow penn state... PSU is my law school

you don't have to pay any more, but you are free to accept as many answers as you want and / or leave a bonus.

567 days and 19 hours ago.

Reply

The person I have the judgement on has two bank accounts in Nevada. Both bank accounts are listed under his Domestic corp. Optimized Cash Flow. I took your advise and went to the Sec. of state in Nevada web-site and looked up his Inc. and I found out that the Sec. of State stated that Optimized Cash Flow business Entity was permanetly revoked on 6/1/2006. My question is can he still hide his bank accounts under this company name even though according to the sec. of state his business entity was permanetly revoked.
Can I garnish these bank accounts legally?

Posted by Legal Professional 567 days and 18 hours ago.

Answer

Yes, you can try and garnish them... but it would be best to get a court order finding that they are assets which can be reached...

567 days and 14 hours ago.

Reply

What does it mean when his domestic corp. is permanetly revoked by the sec. of state in Nevada?

567 days and 14 hours ago.

Reply

When you said it would be best to get a court order that are assets that can be reached,... are you refering to a, "writ of exection" and a "writ of garnishment"?

Posted by Legal Professional 567 days and 14 hours ago.

Answer

Means the corporation is no longer a legal entity... the legal effect of that is something a lawyer in that jurisdiction could better explain...

567 days and 10 hours ago.

Reply

Reply to Legal Professional's Post: JD-

lET ME KNOW IF YOU RECIVED MY PAST TWO QUESTIONS.
Very curious as to the answers to those questions.

Accepted Answer

You need to file a motion in court to make the judgment against him good against any accounts in the name of BLANK.... Where blank is the name on the account you want to garnish

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Expert: Legal Professional
Pos. Feedback: 97.2 %
Accepts: 723
Answered: 4/20/2008

Lawyer.

JD, 10 years representing clients, 75+ Trials

566 days and 20 hours ago.

Reply

JD-
Thank you for your direction and advise on how to proceed with this garnishment. I will let you know what happens. FYI, the judgment is for $43,500 plus interest since Dec. 2006.

Posted by Legal Professional 566 days and 19 hours ago.

Answer

Good luck!

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