Can they garnish LLC

[goingcrzy]

If a credit card company wins a judgment on a personal credit card, can they take money from my llc account?

I have a small business and all income comes into the llc account. Then I move it to the personal account to pay bills. If they can't touch my llc, in theory can I just pay my bills from it?

The LLC is a solo llc (if that matters)

Thanks!!

[catleg]

They would have to get permission from the court to pierce the corporate veil.

The order of garnishment is between the bank and the sheriff, representing
the judgment creditor.

If there is any ambiguity the bank will normally not turn over the funds since they could be held liable by the customer.

[justbroke]

What catleg rights, sounds good. I think it could be difficult for the Petitioner to attach the corporate funds, but if they're able to convince a judge that your interests int he LLC are on the table...

I think as a single-member LLC, the judgment creditor with a personal judgment against you could pierce the corporate veil and attach your share (100%) of the LLC. Now, is it worth it? How much debt are you talking?

[goingcrzy]

Thanks guys. It's about 450K non securered. I am trying to find options in case my 7 gets dismissed. I can't even afford the retainer for an 11 - just trying to cover my bases. Thanks!

[catleg]

Maybe you can set up a shell game with multiple LLC's, maybe multiple layers of ownership or different owners.

"Guess which shell the pea is under."

Sort of the way a smart developer will set up a new corporation for each project he builds.