Legal Question in Business Law in California
if you have received a judgement can you now seize there stock since I am unable to locate any assets?
3 Answers from Attorneys
Yes, stock holdings are an asset that you can seize through the court process.
Read the book, Collect Your Judgment (Nolo Press). Haul them into court and make them tell you under oath where their assets are.
Mr. Browning may or may not be correct. Sure, stock holdings are an asset, and generally one that can be seized......BUT can only be seized from the OWNER of the stock, not the issuing corporation.
Let me give an example. Suppose XYZ Corporation has issued 10,000 shares to each of its three founders, Mr. X, Mr. Y, and Mr. Z, 30,000 shares in all, at $10 a share. A year later, XYZ breaches a contract with you, and you sue XYZ and Mr. Y, who as its president is also found personally responsible for the breach. Mr. X and Mr. Z are not active in the business, were not involved in the breach of contract, and you did not sue them, or if you did, they prevailed. XYZ Corporation and Mr. Y are jointly and severally liable to you.
OK, you try to collect your judgment. It turns out XYZ Corporation has no identifiable assets now, but has some possibility of receiving assets in the future, so its stock is not worthless. What stock can you seize? Answer: Probably only Mr. Y's. Your judgment debtors are XYZ Corporation and Mr. Y, and the corporation, although it has issued stock, doesn't own any stock anymore. You can't touch the stock owned by Mr. X or Mr. Z, because they are not your judgment debtors, they are merely shareholders in the debtor corporation.
If the stock were not "fully paid and non-assessable," the result could be different, but almost all corporate stock is fully paid and non-assessable these days, at least in California.
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