Enforcing Judgements against me

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Latest post 11-21-2009 10:38 PM by adjuster jack. 5 replies.
  • 11-01-2009 8:15 PM

    Enforcing Judgements against me

    I had an "ex" that was not paying my accounts and it left me with numerous judgements in my name since i have a DBA in NY. Since we broke up i have gained trust back in some of my suppliers and am doing really good, however, i still have to pay these judgements.

    My question is: If i change the name of my company slightly and form an s-corp can these people seize my the companies bank account? If i own 100% of the shares or would i have to put someone elses name on the shares (dad)? I want to pay these people back i am a man of my word but it is hard to save money without being able to have a bank account.

  • 11-01-2009 10:30 PM In reply to

    Re: Enforcing Judgements against me

    Whatever you do with the intent of avoiding the judgment, a judge can reverse and also subject you to penalties that are likely to put you out of business and in the poorhouse.

    The risk is way too great to try something like that. But that's just my opinion.

    By the way, why aren't you suing your "ex" for the money she owes you?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-01-2009 11:14 PM In reply to

    Re: Enforcing Judgements against me

    its not that i am trying to avoid the judgements in fact i have been paying on a few of them for the last 5 months.... its just that in order to go forth with paying all of them i need to keep my business running and right now i have no way except under the mattress to save money.

    i dont understand how the risk is too high to change my business name some, like for instance say my DBA name is "Auto Repair Center" i am thinking changing it to "Auto Repair Center of Upstate NY" and make the new name into a s-corp and have my father hold all shares until i can save enough to pay all judgements. Please dont think i am trying to run from these debts because i am not. I have every intension of paying them and as soon as i can. it is just hard to have this hanging over my head and try to run a succesful business.

    As for my ex "wackjob" as i call her...she is crazy in the head and the money went to things her children needed....forget it i could talk your ear off all night about this but bottom line is you cant get blood out of a stone... she dont work, owns not a damn thing.... and its just easier to not bring her back into my life.

  • 11-01-2009 11:16 PM In reply to

    Re: Enforcing Judgements against me

    by the way i like your signature 2nd amendment! Gotta fight for our right, its terrible. NRA life member here

  • 11-21-2009 10:20 PM In reply to

    • gm1982
    • Not Ranked
    • Joined on 11-21-2009
    • NJ
    • Posts 5

    Re: Enforcing Judgements against me

    Even if you change your company name, and then form an S-Corp. All it takes is a motion to amend judgment to say

    Your name a/k/a Auto Repair Center a/k/a Auto Repair Center Upstate NY

    What you would be doing is called Fraudulent Conveyance. Please do not take this the wrong way, but I would notice this in a heart beat. I would file the motion, most-likely get it ordered. Then go after your personal assets, and the Corporation's Assets including a till-tap every week or so.

  • 11-21-2009 10:38 PM In reply to

    Re: Enforcing Judgements against me

    You're better off with the mattress.

    Even though you don't intend to avoid the debts, the legal presumption will be that you are hiding your assets to avoid your debts.

    You might fall through the cracks if you do it, but then again, you might not. And as long as the creditors have judgments against you they can jump on you quickly.

    I can't tell you what to do, but a better option would be to make regular payments. Creditors prefer getting money rather than spending it on lawyers. As long as payments are trickling in regularly there's a chance that they'll just leave you alone. No guarantees, of course. But the risk of getting forced into involuntary bankruptcy is something to consider.

    My sympathies on the "wackjob". I had one and was able to cut loose from her years ago.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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