If an evicted tenant has founded a corporation, can I garnish his business account?

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If an evicted tenant has founded a corporation, can I garnish his business account?

I have a tenant who has been evicted. I have a consent to judgement with him. I would like to go after his accounts. It appears that he has formed a corporation. Can I file garnishment papers against the business account if he is CEO?

Asked on April 14, 2012 under Bankruptcy Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, no.  You would have to do what is known as "pierce the corporate veil" in order to go after business accounts.  You would most likely have to show that the corporation was a sham and set up to defraud creditors (you are a creditor).  Speak with some one who knows how to collect debts.  File anything you can against him - liens in the county clerks office, credit reporting - what ever. You can garnish income reveived from the corporation. Good luck.


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