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My husband has a very small moving company and recently has…

My husband has a very...
My husband has a very small moving company and recently has had a civil suit filed against him dba his moving company. There is no checking acct set up for his company thus all monies paid to him have gone through our joint checking account. As his wife, am I liable? If they win a judgement, can they put a lein on an IRA in my name? Also, can they put a lein on our house which is fully paid? Not sure if it makes a difference, but we have a homestead on our house.
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Answered in 1 minute by:
8/18/2017
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 13,708
Experience: General Practitioner. Research Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear your family is having to deal with this.

Under a dba, there is no liability protection so the owner can be held personally liable as a result of any dba lawsuits.

Spouses are not liable for the other spouse's debt unless they cosign or personally guarantee a loan. Arkansas is one of a few states that have even abolished the doctrine of necessities which made a spouse liable for the other's medical/living expenses.

The spouse's IRA is immune from the other party's judgments.

The homestead exemption does provide protection from liens on residences; please see:

http://www.arb.uscourts.gov/orders-rules-opinions/opinions/taylor/Warnock.pdf

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Customer reply replied 11 months ago
Thank you for your answers. If they win the suit and a judgement is ruled, how do they force him to pay? We have no other assets except two old cars and a 16 ft trailer.

If a person is judgment proof then the judgment won't be collected unless the party acquires assets that are not exempt.

A judgment is good for 10 years pursuant to code 16-56-114 but it can be extended.

You are welcome! thank you.

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Customer reply replied 11 months ago
We have not gone to court yet and these people have posted a very negative review on his company Facebook page stating he personally provided a "nightmare move" and "anyone that sees his name should think again because it will only be a nightmare."
Then, a family member of the sueing party posted a scathing review on yelp.com with his photo shooting my husband the bird. They are literally trying every effort to put him out of business.

That must be very upsetting.

There has been more recent cases of business owners suing for bad reviews; that is a complicated process and generally requires case research specific to the jurisdiction to determine the likelihood of success based on the facts as compared to the facts of the case.

legalg
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