Civil/Commercial Litigation (Lawsuits)/judgement against my company


I'll stick to the facts though the story is long!  A judgement was awarded against my company, which is an LLC. I live in Florida, Sarasota county. Neither my business or me can afford to pay thihs judgement. My questions are as follows:

1. Can my business bank account be frozen with no further notice or does notice need to be givin to me

2. Can my personal bank account be frozen at all? I am  not a defendent but I represent the company and my name is appearing on the court records as a defendent! The case is against the company not me personally.

3. Finally, as I am personally going bankrupt as a result of many events, not the least of which the one that precipipated the lawsuit (which was a small claim by the way), at that time I also plan to re-organize4 my business. AThat is, shut down the checking out, abandon the corporation. Establish a new corporate EIN number and re-open under a new name. This is all legal right? After that will the debts from the old company be uncollectible.?

Thank you. I look forward to your answers.


Hello Pamela,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I don't practice law in your state, and suggest you confer with a practitioner who does.

Typically, a bank account can be levied or frozen as part of judgment enforcement, and you would likely get notified by the bank that they had to respond to a court order.  I would not expect that you would receive notice prior to action; otherwise I can't imagine how anybody enforces a judgment in your state.

I am confused by your second point.  If your name is on the court records as a defendant, then you are a defendant.  If you think that is in error, talk to an attorney licensed in your state about appealing the judgment or vacating it.

Notwithstanding the prior issue about your personal liability, if you dissolve the debtor company its debts die with it unless the judgment creditor pursues you with a piercing the corporate veil or fraudulent transfer action.  To protect yourself properly, hire a lawyer licensed in your state and/or speak to your bankruptcy attorney.

I hope this helps, good luck to you.

Morgan Smith
Minneapolis, Minnesota
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

All Answers

Answers by Expert:

Ask Experts


Morgan Smith


Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.


I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at:

AllExperts, Yahoo Answers,

J.D. William Mitchell College of Law, St Paul, MN

©2016 All rights reserved.