I wondered if there are any lawyers out there or anyone knowledgeable as far as judgment enforcement. My husband and I had a personal judgment from a daycare in 1995 that we felt was very unjust and never paid( we took our daughter out because she was always sick from their lousy care and they sued us on our yearly contract). We now have our own business (sole propietorship) and this $700 debt is now $4000. They levied our business acount and we just barely get by. The funds in the account at the time of levy were for our payroll. Everything I see about exemptions from levy are for personal reasons such as wages, and living expenses which they want a financial statement, but nothing about our employee funds or withholdings that are kept in that account until quarterly taxes are paid. The judgement is against us individulayy not our business, so can they do this? I don't know what to do and I only have 10 days to respond. In the meantime employee paychecks will be bouncing down the street while these funds are frozen. Kara
How in the world does $700 become $4000 injust 7 years? You've let this go way too far for a message board. With just 10 days, you need to find a lawyer now. Seriously, if you know a lawyer, call them at home today.
I believe that in a sole prop and also a limited partnership the debts of the person and the company are one in the same. You would have to incorporate to separate the 2. I took a course in college about this. long time ago tho and I dont remember much. cor
Coral's right - only by becoming an INC, LLC, or LLP can you put a firewall between personal and business accounts, assets, and credit. You need to talk to a lawyer in your state. I would hope that the bad publicity surrounding a case like this (airing all of the problems your little one had, illnesses supported by MD records, etc.) would make these jerks think twice... a good lawyer would be able to help you countersue and also hopefully help you play the negative PR card. Speaking of which ... you may want to contact the consumer reporter for your local newspaper(s) and/or local network affiliate TV station. "Refusal to pay for bad care at the day care nearly ruins local business. Film at 11" Good luck- mj
Thanks! At least you made me laugh! Tha problem would be about PR is that this debt is over 7 years old. Kara
