I am on the bank account, and am an officer of the corporation, is there any chance or way they can attach to it? The corporation and I are based in California.
Yes. Without knowing the specifics of your situation and without getting into the specifics regarding the procedures in California which are available to a judgment creditor, the answer is yes.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Debt Collection Attorney
Actually, I have to respectfully disagree with with my colleagues who answered that they can go after your corporate bank account. I dedicate 90% of my practice to enforcement of judgments, and unless your corporation is named on the judgment, the answer is almost definitely "no, they cannot go after your corporate account for a judgment against you"
Corporations are separate legal entities and they can no more go after assets of your corporation for a judgment against you than they can go after assets of your brother or sister for a judgment against you.
If your SSN is linked to the account though, the bank may levy it if a levy comes in against you. You should make sure only the corporations FEIN is on the account and not your SSN. Even if they do levy it incorrectly, you can file a third party claim and most likely get the $ back so long as you haven't been commingling etc. Cross that bridge when/if you come to it.
If you have been commingling and ignoring corporate formalities, using corp $ to pay your own personal bills etc, they may be able to get your corp. on the hook for the judgment, but it would require alot of additional proceedings that I am not going to go into here.
Short answer is you are almost certainly fine but if you want to be extra careful make sure your SSN isn't on the accounts.
If you have a judgment against you you should definitely follow corporate rules to a T, as not to do so puts your corp in jeopardy.
2 lawyers agree