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?
2 Answers from Attorneys
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.
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.
Related Questions & Answers
-
Arbitration claims against a forfeited corporation Can a creditor bring an... Asked 10/03/07, 4:11 pm in United States California Business Law
-
Patent How much does it cost to file a patent and what is the process for the... Asked 10/01/07, 11:40 am in United States California Business Law