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Marcus Parker
Marcus Parker, Attorney
Category: Business Law
Satisfied Customers: 460
Experience:  Experienced in corporations, LLC, partnerships, etc., formation and operation
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I have a judgement against my LLC as well my wife and and ...

Resolved Question:

I have a judgement against my LLC as well my wife and and I. they have put in a writ to garnish my bank account. My questions is can the garnish multiple bank account ie. my personal and business account? They have only went after my business account. I also am in the process of opening up another LLC can they garnish the bank account of my new LLC.
Submitted: 9 years ago.
Category: Business Law
Expert:  Marcus Parker replied 9 years ago.

Since the judgment is against you personally, and against the LLC, yes they can you personal account as well as the account for the LLC.

Are you the only owner of the new LLC? If so, and although they may need to jump through several additional legal hoops to do so, ultimately they would be able to garnish the new LLC's account too. Limited liability only works one way: it protects you personally from creditors of your LLC, but doesn't protect your LLC from your personal creditors.

Customer: replied 9 years ago.
Reply to XXXXX XXXXX's Post: The judment was against my LLC. and named me my wife and and I as owners of the LLC. So if I'm understanding right than the only account they can garnish is the LLC checking acount and not my personal. Since it was against the LLC. THe other things is that they have my old checking account that I closed down two years ago, will they be albe to find out that i have a new checking account for the LLC.
Expert:  Marcus Parker replied 9 years ago.

So now you are telling me that the judgment is not against you and your wife? In that case, yes, they can only garnish the LLC account.

If it is the same bank, and the LLC is the same name, chances are that the writ will catch both accounts.

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