Legal Question in Business Law in Georgia
This morning I had a Deputy with a Writ of Fieri Facias come to my home wanting money from a judgment issued 7/10/2007 against my in home business.The Business is listed as the defendant on the Fieri Facias. I was told I have ten days to pay or the Plaintiff will have the right to enter my home and take my possessions including my wife jewelry etc. I am an S corporation which I thought protected my personal belongings, can they take our property not related to the corporation?
3 Answers from Attorneys
You need to hire an attorney IMMEDIATELY. I have never heard of a situation where a Deputy arrived at a house with a Writ of Fieri Facias and said that if they amount isn't paid that the Plaintiff will have the right to enter the home and take your possessions. Your home is not a garbage sale for your creditors. Something sounds fishy to me, or you are leaving out information.
DON'T LET A DEPUTY OR ANYONE ELSE IN YOUR HOME WITHOUT A WARRANT OR COURT ORDER. Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******
There is nothing unusual about this. A judgment was entered, the Writ of Fieri Facias was issued, and you received what many people don't get - a chance to pay. Many people go directly to the second step -- the Deputy shows up with the creditor's movers, you stand aside, and your personal property is taken. No one here knows what assets are business assets and which are personal assets. You'll have to deal with that when the time comes, which appears to be soon. Maybe you are able to convince the Deputy that some items are clearly personal, and others (such as computers) you might have to fight over after they are taken.
This is the risk of a unpaid judgment. You did not tell us how much at issue so we don't know whether it is worth it to pay a lawyer and still owe the debt. If you hire a lawyer, obviously it needs to be a lawyer who is familiar with these basic collection issues. Also, if you think you can prevent a deputy with a Writ of Fieri Facias from doing his job and entering your house (or allowing the creditor's people to enter), you could be making that argument from jail.
You have obviously, as the other two responders have said, have left a great deal out.
You badly needed a lawyer before the judgment. Whether your personal assets are at risk or not depends on whether you or the business was sued, and, in some cases, on whether in the case the corporate veil was pierced.
You need to hire a lawyer right away. That will probably cost you far more than hiring one during the case. You may be able to do some things even now to protect yourself, although there is also a possibility that you have waited too long.
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