Can a creditor who has a personal judgement against me attack my business if it’s an LLC?

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Can a creditor who has a personal judgement against me attack my business if it’s an LLC?

After a creditor gets a personal judgement on me, can that creditor come in and audit my new company somehow and get the money from me? How can I protect myself?

Asked on July 6, 2012 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the judgment against you is a personal judgment then the judgment creditor cannot legally levy upon assets of the limited liability since such is a separate and distinct entity from you.

However, the judgment creditor can levy any and all wages or payments that the limited liability company that you have written about may owe you.

I suggest that you consult with an attorney that practices in the area of consumer law to work some monthly payment plan by you to the judgment creditor that you have written about.


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