Request and Order to Seize Property
Our corporation has just received a Request and Order to Seize Property. The address on the papers is our residents, our business location is in a different county which is filed with the state. The Court Officer who delivered the papers was told our business was not at our residents but he continued to act as if he had some right to remain on our property and as if he had some right to it. If we are incorporated, and have proof business is not conducted in our home but at a separate address and even though the court papers state our residence can they take anything from our property or enter our home without our permission? If they were to do anything like that would we have any legal recourse? At this point we have also made a verbal settlement with the collection agency for a lesser amount so what should I get from them to make sure they stop this process and they don't continue this process after we pay the settlement amount? Thank you
1 Answer from Attorneys
Re: Request and Order to Seize Property
If you personally guaranteed the loan or line of credit, then possibly there is a judgment against you personally as well as the corporation. If that is the case, then they can execute the writ of attachment. However, if you have made financial arrangements with the creditor, they will probably cease this type of activity as long as you do not default on your agreement. This should be in writing. You really need to have an attorney review your situation. It's difficult to determine exactly what is going on without reviewing the documents and getting detailed facts.