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I owned a business, and fell onto hard times, my owe my

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previous land lord about 10,000...
I owned a business, and fell onto hard times, my owe my previous land lord about 10,000 back rent. He has since served me papers "post-judgement summons to trustee" and I am required to submit a written disclosure. I do not know what that is. He has also put a freeze on all my accounts. I am scared and do not know what I need to do to fix this. Please advise. Kim
Submitted: 1 year ago.Category: Legal
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Answered in 4 minutes by:
10/3/2016
Lawyer: Lucy, Esq., Attorney replied 1 year ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,596
Experience: Lawyer
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Hi Kim,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Was your business a corporation or LLC? Did you personally guarantee the lease? Did you ever receive notice that you were being sued?

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Customer reply replied 1 year ago
I was LLC, and yes I personally guaranteed the lease. Not in writing. He said that he was putting a "judgment" against me, if that is another word for being sued then I would have to say yes.
Lawyer: Lucy, Esq., Attorney replied 1 year ago

An oral promise to guarantee someone else's debt is not legally enforceable. You would have to have signed something, because an LLC is not a legal person.

When someone files a lawsuit, they're supposed to serve the other party with a Summon and a Complaint, telling them why they're being sued and how much time they have to respond. Did you get anything like that?

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Customer reply replied 1 year ago
I was sent a copy of "Writ to execution" along with the "post-judgment summons to trustee" the only other thing that I was served was the eviction notice.
Lawyer: Lucy, Esq., Attorney replied 1 year ago

Ok. Then it sounds like he skipped a step (possibly more).

First, call the courthouse to find out if he actually named you or the LLC in a lawsuits. If he did, see if they'll send you copies of the paperwork or if you have to go in and pick it up. That's the starting point. Assuming there IS a judgment, then you can file a Motion to Vacate judgment, based on the fact that (1) he never notified you of the suit when it was filed, which he's legally required to do and (2) an LLC owner is not legally responsible for debts of the LLC. He cannot make you pay if he didn't have you sign a personal guarantee. The judgment against you is invalid.

If the case is only against the LLC and the judgment is only against them, that's a little different. If that's what you find after calling, let me know.

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Lawyer: Lucy, Esq., Attorney replied 1 year ago

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 1 year ago
The judgment is against the LLC, and the plaintiff has required my bank to disclose all my account information. According the court they said that I signed a "Stipulate of judgment ".
Lawyer: Lucy, Esq., Attorney replied 1 year ago

If you didn't sign anything, you can still file a Motion to Vacate - in that case, because they got the judgment via fraud. You can also file a Motion to Quash Subpoena. You have no obligation whatsoever to turn over your personal records to pay your LLC's debts.

It might help to have a local attorney help you, because you could wind up with a couple of court appearances. A good place to find someone is www.martindale.com. But you shouldn't have to pay anything, based on what you've said, unless the LLC has assets that can be sold.

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Lawyer: Lucy, Esq., Attorney replied 1 year ago

Do you have any other questions about this?

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