Legal Question in Civil Litigation in Ohio

have a business account my name and another person's name is on the business account they owe a debt i don't can they take money out that account


Asked on 9/24/09, 5:31 pm

1 Answer from Attorneys

Bradley Miller Miller Law LLC

The answer to your question is, unfortunately, that it depends. My understanding of your situation is that you and another person are both on the bank account for your business. Your business partner owes a debt, and you are wondering if the person/company that he or she owes the debt to can go after the business account.

Based on the above, whether a creditor can go after the business account depends on what sort of entity your business is and how the bank account is set up. If the account is in both of your names as individuals and not in the name of the business, then the creditors can probably go after the money.

If the account is in the name of the business, then we need to look at how the business is set up. If it is an LLC, S-Corp, or C-Corp, then generally the assets in the account would be protected (the creditor still may be able to go after any distributions/dividends that your partner receives). If the business is a partnership or you have never filed entity paperwork with the Secretary of State, then the creditor may be able to go after the account to the extent of your partner's share. Of course, in such a situation the creditor is likely to go after everything and force you to try to get back your share. This is a good example of why you should always look into forming an entity for your business.

If my assumptions based on your statement are incorrect, then the situation may be different, and you should speak to a lawyer about it.

If you have any further questions or would like to discuss your situation in more detail, feel free to contact me.

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Answered on 9/25/09, 8:35 am


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