Legal Question in Credit and Debt Law in New Jersey

in nj can a creditor garnish a business account for a personal debt

Asked on 5/04/11, 9:13 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

That depends. A creditor can only execute against the assets of persons who are judgment debtors. However the sheriff or Special Civil Part officers use the SSAN of the debtor to locate assets. So, if you have used your own SSAN on the business bank account, you might find that a levy has been placed against it for a personal judgment. If you can prove to the judge that the assets are not personal assets, the levy might be lifted. However, if the account if for a single member LLC, you will have a hard time convincing a judge that the funds should not be turned over.

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Answered on 5/04/11, 2:06 pm

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