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Judgement collection question. (BUSINESS & FINANCIAL & Corporate LAW)

Thu, 17 Sep 2009 00:05:00 GMT

What is the name of your state (only U.S. law)? Alabama
Hey guys,
I am hoping someone here can give me some advice. I won a judgement against a person in Alabama for $10,000. He and his girlfriend (they have been living together for 10 years but aren't married) are the only two owners of an LLC. The judgement is against him only. He has no personal bank account. He basically uses the LLC as his bank account. Their house is in her name only. Is there any way that I can go after any money that the LLC has? The LLC actually owns property. Any advice would be GREATLY appreciated.

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  • Thu, 17 Sep 2009 14:56:00 GMT(1)
  • You must see an attorney. One quirk, depending on the state, is if you don't get a majority interest. The LLC management could decide not to distribute any cash to the owners and yet still make money. You could end up owning something which is forcing you to pay taxes on the income the LLC makes without providing you any cash.
  • Thu, 17 Sep 2009 09:27:00 GMT(2)
  • Quote:

    Originally Posted by daviea

    Is there any way that I can go after any money that the LLC has?

    No, but likely you can go after HIS membership asset in the LLC.
  • Thu, 17 Sep 2009 10:22:00 GMT(3)
  • Thanks SO MUCH jetx. Any advice on how to do that? Thanks again.
  • Thu, 17 Sep 2009 16:45:00 GMT(4)
  • Guys,
    I just found out that the day after I won my judgement, he was removed from the LLC. Is there anything that I can do? This almost seems like fraud or trying to hide assets. Anyone have any advice?
    Thanks SO VERY MUCH for the answers provided so far.
  • Thu, 17 Sep 2009 14:40:00 GMT(5)
  • Quote:

    Originally Posted by daviea

    Any advice on how to do that? Thanks again.

    Yes, there are several possible legal processes available, but they are likely beyond the scope of the layperson. I would suggest you either contact a local attorney or a 'judgment enforcement specialist' at:
    Enforce My Judgment State Index
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