Legal Question in Credit and Debt Law in Missouri

law suits

If I have a garnishment judgement against me and I need to set up a LLC and a payroll account for a business opportunity can the garnisher go after the LLC and the bank account sense the my name would be on the business and they ceized my personell bank account last year or would they only be able to go after my actual wages that I would be paying myself and my personel account. Also what can an attorney do outside of bankruptcy to stop a garnishment or help come to an agreement with the garnisher.


Asked on 1/07/07, 4:20 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: law suits

First of all, if you properly set up the LLC and properly operate your business as a LLC, it is unlikely that the judgment creditor will be able to garnish the LLC's bank account or assets. There is a way to defeat the corporate protection and garnish corporate assets in certain circumstances called "piercing the corporate veil", but if you do everything correctly this should not be a problem.

Second, an attorney could review the court documents and determine whether the garnishment has been properly filed and served. If not, the attorney might file a Motion to Quash the garnishment and seek a Court Order releasing your wages or account. If the garnishment is proper, the attorney can sometimes negotiate with the Judgmet creditor to settle the entire matter or to get a garnishment released pending faithful voluntary payment by the judgment debtor. I would suggest that you hire an attorney to try to help you through this situation.

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Answered on 1/07/07, 7:38 pm


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