credit card judgements

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credit card judgements

If a credit card co obtains a judgement and imposes liens against property stemming from personal credit cards, I understand they can seize my personal bank account…can they seize my Incorporated business account?

Asked on June 29, 2009 under Business Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

If the account is in the name of a corporation, legally that corporation is a "person" separate and apart from you as an individual, even if you're the only stockholder.   However, the judgment creditor could, eventually, take your stock in the corporation, if there's no other way for it to be paid, and get at the money that way.

Of course, to maintain the separate corporate identity, in most states you would have to have a lawyer represent the corporation, if there's anything to be done in court (such as forcing the creditor to release a lien on the corporation bank account).  One palce to find an attorney who can help you with this is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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