Legal Question in Credit and Debt Law in California
won a judgement on a person and for the past 4 years he has avoided me in collecting, he owns a entertainment company that goes to street festivals and is paid at the end of that festival, I recently found where he contracted to perform and I issued a ORAP and a writ of execution and this was serve properly but I recently found out ( state website) that he has incorporated LLC, I suspect this is why I haven't head much luck with other writs cause I use his personal name and they don't have to pay on that even thought his LLC has is name included,my question is can I ask the court to amend my claim to include his LLC ? My belief is that this is post judgement and there is lots of reports that he has evaded both sheriffs and process servers and this is documented. What to you think ?
1 Answer from Attorneys
You can seize the LLC itself. His ownership of it is an asset that you can take and sell to pay part of the debt. Even assuming it is not worth anything, you will stop him from using it to evade payment. You can also possibly get at "tap the till" order assigning the receivables to you each time they are paid.