Legal Question in Credit and Debt Law in Virginia

reason for interrogatories

i received a summons for interrogatories, my company in an S-corperation. Is there anything I can do to protect my personal assets?


Asked on 4/27/03, 11:41 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: reason for interrogatories

You need to consult with a lawyer. If the judgment is against only the corporation, only the corporation's assets are at risk (unless there is a basis to pierce the corporate veil or recover fraudulent transfers). If the judgment is against you as well as, or instead of, the corporation, your assets are at risk. If the latter is true, there may still be ways to protect your assets, including claims of exemption or homestead (a misnomer in VA), or bankruptcy.

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Answered on 4/27/03, 12:22 pm
Daniel Hawes Hawes & Associates

Re: reason for interrogatories

I agree with everything Mr. Press said in his message, and would add:

First, is the summons addressed to you, personally, or to the corporation? If to you, and if you were properly served with the summons, then you have to show up and answer questions about the value of the judgment debtor's estate. If you're the judgment debtor, any valuables, including cash in your pocket, jewelry, etc. you have with you at the time may be seized by the sheriff to pay the debt. If there was a subpoena duces tecum served along with the summons to answer interrogatories, then you have to bring documents with you, too. If you show up when you're supposed to, and answer the questions ("I don't know", "I don't remember", and "I don't understand the question" are valid answers, if truthful), then you will have done what you're supposed to do and won't be subject to interrogatories for another six months. If you don't, the judge can issue a warrant for your arrest.

Frankly, getting out from under a judgment after it's been entered against you is difficult and technically complicated. If it's an unfair judgment, I suggest you hire a lawyer to contest it, and/or sue the collections agency under the fair debt collection practices act. If the judgment is legitimate, pay the money (including any interest due) and demand the filing of a certification of satisfaction.

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Answered on 4/28/03, 5:35 pm


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