Can I place a judgement lien against a company owner’s home if he is running his business out ofthe home?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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