Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I live in Boise City and I have a judgment against me from…

Customer Question
I live in Boise City...
I live in Boise City and I have a judgment against me from a credit card debt - my husband and I have a LLC for our farming operation which has not been making any profit - we both get SS - the law firm Stephen L Bruce is garnishing the LLC as we are members of it and not employees - My question is do we have any protection as members of the LLC in Oklahoma?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
6/24/2010
Lawyer: MShore, Attorney replied 8 years ago
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
Verified
Thank you for the post, was the credit card debt in the name of the LLC?
Ask Your Own Legal Question
Customer reply replied 8 years ago
No, it was in my name
Lawyer: MShore, Attorney replied 8 years ago
Thank you, XXXXX XXXXX is a separate entity and should be treated as such.
Ask Your Own Legal Question
Customer reply replied 8 years ago

Okay, can Stephen Bruce garnish income to the LLC since I'm a member?

Customer reply replied 8 years ago
what info do you need
Customer reply replied 8 years ago
Why do I keep getting this without a reply
Lawyer: MShore, Attorney replied 8 years ago
Hello, no he cannot. The LLC is a separate entity, the only way to garnish the LLC wages is in the event of fraud (it is call piercing the corporate veil).
Ask Your Own Legal Question
Customer reply replied 8 years ago
Where can I find this in OK statutes so I would be able to stop this action?
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified
I'll try to step in and assist since the other lawyer opted out.

There is not going to be a place in the "OK statutes" since it is such a basic principal of law there is no need to codify it. Many people are under the mistaken impression that the statutes are most of our law, but most of it is commonlaw based on legal principles and cases and not in the statutes.

An LLC is a separate legal entity. It would be the same as if he was trying to garnish your bank account because your neighbor owes money.

You will have to hire a lawyer who does corporate law and file an action to stop the garnishment. Until he "pierces the corporate veil" as the other expert mentioned, he is not entitled to garnish anything from the LLC other than its' payments to you.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Edited by JD 1992 on 6/25/2010 at 5:34 PM EST
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified
Dwayne B. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I live in florida...i. My husband used cc and now ; am
my husband used cc and now ; am 13,000 in debt with bbt...quite a few people told me that i lived under the poverty line...l have not slept and hoping you can help me calm down...i work 4 hours a day and earn 200 aweek l receive ss for $440..have a 2006 car...and l was told l was under the poverty line...very nervous and not sleeping own house that id homesteaded … read more
Lori
Lori
Juris Doctor
2,110 satisfied customers
I have an S corporation 100% owned by me, I want to make my
Hey Lori, I have an S corporation 100% owned by me, I want to make my daughter 20% owner. Her husband has concerns that if his S corporation declares bankruptcy it may affect my business which I'm giv… read more
Lori
Lori
Juris Doctor
2,110 satisfied customers
I have unpaid debt from business I closed in 2008.I am an
I have unpaid debt from business I closed in 2008.I am an optometrist in Ct not Able to work more than PT because of joint issues due to RA. Anyway when I did work I opened an LLC WITH TIN INSTEAD OF … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
We have 3 judgements from Capital One Bank. Personal credit
Hello Pearl...We have 3 judgements from Capital One Bank. Personal credit card debt from a few years ago. Times were tough and unable to pay them. We live in Ohio and they automatically debited an amo… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am applying for unemployment as I was just off and the one
I am applying for unemployment as I was just laid off and the one thing holding it up is I registered a business in Feb 2016 for an invention that I have patented but needed to have a business name to… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My Husband and I own 3 houses in North carolina, 2 of them
My Husband and I own 3 houses in North carolina, 2 of them under both of our personal names and one is under an LLC . This LLC along with all the businesses and commercial leases are under my husband … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in PA and am about to let a few credit cards default
I live in PA and am about to let a few credit cards default and charge off. My hope is that I can save the minimum payments and settle these cards and reduced amount. I am familiar with the process of… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I had a law firm sue me for a credit card debt bought by Calvary
I had a law firm sue me for a credit card debt bought by Calvary Portfolio Services. They sued me and I had a judgement entered against me. They started wage garnishments July of 2013, in December the… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
My wife and I formed an S corporation, which registered under
My wife and I formed an S corporation, which registered under my wife name. She received a garnishment of my personal debts (credit cards) which belong to me before we get married. Should she go ahead… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
If a note was executed in the State Of Florida on a boat..
If a note was executed in the State Of Florida on a boat.. the boat was sold .. and person agreed to pay diff.. all under Florida paperwork on note. Payer coudl no longer pay, collection company not h… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am a Texas resident that has received a collection notice
I am a Texas resident that has received a collection notice from a law firm representing the Ok. Tax commission on an old debt from 2004 on a L.L.C. that I was a member of. This L.L.C. was dissolved i… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
If a judgment creditor obtains a charging order against my
If a judgment creditor obtains a charging order against my LLC (I and my wife are only members), wherein judgment creditor got a judgment against my wife and I personally, can he liquidate the assets … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
How do I protect my LLC from a charging order if a judgment
How do I protect my LLC from a charging order if a judgment creditor has a judgment against me? I owe $33K in the judgment and have no other assets accept my LLC bank accounts. Can they obtain a charg… read more
Maverick
Maverick
Doctoral Degree
6,319 satisfied customers
Can an LLC collecting a credit card debt garnish my wages at
Can an LLC collecting a credit card debt garnish my wages at work? Are they allowed to even contact my work?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My husband got a judgment against him personally for around
My husband got a judgment against him personally for around $4,800. I am (wife) a sole member of an LLC (new entity) of the S corp that husband solely owned until April 2008 when it was seized by the … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My husband and I are thinking about using freedom debit relief.
My husband and I are thinking about using freedom debit relief. We have three credit cards that are at 30% interest and it is killing us. At one time the interest on the accounts were only 9 to 12% We… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am on a debt management plan where I pay $807 a month for
I am on a debt management plan where I pay $807 a month for a little over a year. My son had brain surgery in May and those bills are piling up. Today I am 1 month behind on my mortgage and it is time… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
This question is for Jane T-- I need a paper consisting of
This question is for Jane T-- I need a paper consisting of a minimum of 600 words APA Format, Times New Roman by Thursday 9:00AM EST. I will provide information. Cumulative Business Hypothetical John … read more
Jane T(LLC)
Jane T(LLC)
Master's Degree
18 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x