Legal Question in Business Law in California

Civil Trial Settlement Levy

If I have a LLC in california and it just went through a civil trial and I have now recieved a Levy but the company has no assets or money. Can they take my personal property?


Asked on 10/03/07, 10:19 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Civil Trial Settlement Levy

If you were individually named in the judgment, yes. If not, then they would have to conduct additional court proceedings to try to go after your personal. If they do, feel free to contact me for defense.

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Answered on 10/04/07, 1:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Civil Trial Settlement Levy

If you were not named in the lawsuit as a defendant, the answer is no. A civil money judgment cannot be enforced against anyone who didn't participate in the suit as a defendant. A later attempt to pierce the LLC veil would also fail if you were not a named party in the original proceeding. You cannot even be named as a Doe defendant at this point. I assume the levy does not seek to take your personal assets; if it does, it is probably defective.

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Answered on 10/04/07, 12:40 am


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