QUESTION

Can a Small claims judgement be enforced thru levy on a business corporate bank account, with personal name on acct o/and a prsnl bank act?

Asked on Aug 13th, 2012 on Civil Litigation - Texas
More details to this question:
N/A
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1 ANSWER

Civil Trial Law Attorney serving McKinney, TX
Partner at Saunders | Walsh
2 Awards
The answer to your question will depend upon the actual name of the person or entity against whom the judgement was entered.  If the judgment was against "XYZ, Inc." for $5,000 and states that "all writs and processes shall issue", then the judgment creditor has many weapons at its disposal for judgment collection.  If the target is a bank account in the name of XYZ, Inc., then the typical weapon chosen is a "writ of garnishment".  It would involve a second, ancillary proceeding against the bank in question and the judgment debtor, asking the court to order the payment of the judgment debt from the bank (who holds XYZ's money) to the judgment creditor (you).  You will likely need a lawyer to undertake this remedy and I would encourage you to seek professional legal advice on that subject. If the bank account in question is in the name of "John Smith", who was not a judgment debtor, then no, you can't seek judgment collection remedies against that personal bank account.  You would need a judgment against Smith to allow such remedies.  
Answered on Aug 14th, 2012 at 11:08 AM

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