Short answer, no. Many states do allow a charging order, but the entire premise of the llc is to protect business assets and allow the business to continue to operate. A charging order simply garnishes any distributions from the llc, but the company's bank account belongs to the company, which is its own entity.
That said, there are circumstances where you can "pierce the veil" of corporate secrecy if you have a strong enough case to convince a judge that there is either fraud or that humanity will be irreversibly wronged (the Oklahoma principle) if you can't open up the llc, but it's a tough sell in most states including mine because the entire llc concept is to allow people to separate their business and personal lives.
The c corp needs to issue a dividend or pay you a salary. It's important not to co-mingle funds. (you might want to talk to your accountant about this)
no
With a court order, yes, they can.
You need an LLC to open a business account that is operated as an LLC but you do not need the LLC Operating Agreement (that is for you and the members) but once you set up the LLC you can go to the bank. :) go to http://ellcoperatingagreement.com to learn more!
business account
The c corp needs to issue a dividend or pay you a salary. It's important not to co-mingle funds. (you might want to talk to your accountant about this)
yes, i creditor can garnish a bank account to $0 regardless of where the funds in the account came from
Banks do not place liens or garnish your paychecks (your employer would have to do that). However, if a garnishment is received by your credit union, they have to freeze any liquid funds in your account at the time the garnishment is received and send the funds to the court (by law). This is regardless of the source of the funds.
In most states, creditors can garnish any account joint or not as long as the person they are trying to collect from is on that account. Sorry. The non debtor account holder should supply proof of the amount of funds held in the account that belongs to them. The court will then decide which funds are subject to levy. An exception to the levy of joint accounts is if the account is held by a married couple in a state that recognizes Tenancy By The Entirety of personal property, in such a case, the account cannot be levied when only one spouse is the debtor.
Yes. They cannot garnish the minor's account, however.
This begs curiosity as to why you would be aware that the creditor attempted to garnish an account where you have no accounts. Prior to serving garnishment of an account, the creditor will need to know that you do have an account or accounts at the bank. This is typically verified by the legal department or a skip tracer. If no account exists, or if there are no funds available to attach, the creditor will be notified, but there is no reason for a bank to notify you if no account exists. If you have no account at a bank, for all intents, you do not exist to the bank.
Yeah, they can garnish any remaining funds involving the home.
Once the recipient deposits those funds in an account of some sort, the State can place a lien on that asset to recover unpaid support.
Yes! Creditors can garnish a personal checking account. As long as the creditor has the checking account info they can garnish a checking account.
They can if he/she is on the collections account.
Yes
no