Can I place a judgement lien against a company owner’s home if he is running his business out ofthe home?

UPDATED: Aug 3, 2011

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Can I place a judgement lien against a company owner’s home if he is running his business out ofthe home?

I was awarded a judgement in court against a company, I have tried to collect my judgement thru their bank acct, but they simply move their accounts to other banks. Can I place a judgement lien against their assets including their home if they are running their business out of their home and using their home address as their business address?

Asked on August 3, 2011 Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The location of the business and the address on the business is irrelvant; for example, if you had a judgment against an accountant, you could not put a lien on a building owned by his landlord, in whch the accounant rents space, to collect.

The issue is who owns the home, and what is the business structure. To take the second question first: is the business a sole proprietorship, or is it an LLC or a corporation? If it's a sole proprietorship, the business and owner are legally one and the same, so you can look to collect from the owner's personal assets. On the other hand, if the businss is an LLC or corporation, you may not collect against the personal assets of the owner(s)--only against business assets. That brings in the other question: who owns the home? If the businss is an LLC or corporation, you could only put a lien on the home if the home is owned by the business, not if it's owned by the business owner in his personal capacity.

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 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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