I have a judgment against me personally for $50,000.00, can the creditor come after my LLC if the judgement against only me.

Asked about 1 year ago - Beverly Hills, CA

I am a managing member of my LLC and the creditor wants to attach my income I receive from the LLC to satisfy the judgement they have against me personally. Can they do this?

Attorney answers (4)

  1. Paul Francis Easlick

    Contributor Level 13

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    Lawyers agree

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    Answered . Yes, the creditor may garnish you wages, if that is what you are talking about. He also may attach your interest in the Llc., if you have one. He may not go after the assets of the corporation directly, however, without first piercing the corporate veil. He also can attach community property but not your spouse's personal property.

    My recommendation: call the creditor and see if you can work out a settlement. This can take the form of a payment plan or a substantially discounted lump sum payment.

    Good luck.

  2. Michael Avanesian

    Pro

    Contributor Level 16

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    Answered . You should also at least consider bankruptcy. I recommend that you obtain a consultation or two to see what your options are and what the risks involved are.

    Be sure to designate "best answer." If you live in S. California, you may call my firm for a consultation 818-507-... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . If you take distributions from the LLC, the creditor can attach that money, even though they can't attach money paid to the LLC. But you have a bigger problem...unless the LLC is an exempt asset under California exemption laws, why wouldn't the creditor just take over ownership of your shares of the LLC? Hope this perspective helps!

  4. John P Corrigan

    Contributor Level 19

    1

    Lawyer agrees

    Answered . See excellent prior answer from an avvo attorney on the "charging order" scenario that encompasses your question about getting at the LLC.

    http://www.avvo.com/legal-guides/ugc/asset-prot...-

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more

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