QUESTION

Can a real estate lien be applied to an incorporated business bank account?

Asked on Oct 22nd, 2011 on Bankruptcy - Georgia
More details to this question:
We cannot pay a huge assessment on our condo. The management notified us that they will put a lien on our property. Can the management company garnish our personal bank accounts OR a business account? Should my business be incorporated?
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2 ANSWERS

Family Law Attorney serving McDonough, GA at South Atlanta Family Law
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They should not be able to touch your business bank account if your business is a legal entity separate from you and your spouse. If they obtain a judgment against you, they can certainly freeze and/or garnish your account.
Answered on Nov 04th, 2011 at 1:51 PM

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Bankruptcy Chapter 11 Attorney serving Dacula, GA at Chronister Law Firm, LLC
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Technically, your condo association already has a lien against your condo for the amount of any unpaid association dues or fees. However, this lien does not attach to any other property that you own. The lien simply attaches to your condo by operation of law. In order to secure a lien against any other property you own, the condo association will have to file a lawsuit against you. If the condo association obtains a judgment against you, then a judgment lien can attach to other real and personal property that you own. Without a judgment lien, the management company for your condo cannot garnish or levy any of your other assets. It would be a good idea to consider incorporating your business or forming a limited liability company. You should consult an attorney experienced in business formation to discuss in detail what would be best for you.
Answered on Oct 24th, 2011 at 6:12 PM

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