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A creditor with a $20,000 judgment against you can pursue your LLC or corporation. With a corporation, they may appoint themselves manager and sell assets. With an LLC, they get a charging order that redirects your distributions instead.
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If you have personal debt, then the creditor might be able to go after your LLC or corporation, and sometimes they can even take over the business. The possibility of this happening depends on what state you're in and whether you have an LLC or a corporation. But for illustrative purposes, let's say you have $20,000 in personal credit card debt. And now let's say the collections agency realizes that your personal bank accounts are practically empty and there's not enough money in there to satisfy the judgment, but they then see that you have an LLC or corporation. So obviously the creditor is gonna want a piece of the business's assets to satisfy the debt. Whether the creditor can do this depends on the state and whether you have an LLC or corporation. In some states, if the business is a corporation, then the creditor can basically kick you out of the business and act as one of the managers of the business. Once the creditor is inside the corporation, they can basically issue themselves salaries and distributions that would otherwise have been entitled to go to you. They may also be able to make managerial decisions such as selling assets or liquidating the business. With an LLC, the situation is a little bit different and the creditor wouldn't be able to intrude into the business and act as one of the managers. However, with an LLC, the creditor may be able to obtain a charging order. A charging order is something that the creditor obtains from the court and basically it allows the creditor to receive all distributions and salaries that would otherwise have gone to you. So overall, if you have personal debt, it is far from impossible for a creditor to be able to go after your LLC or even your corporation. So follow me to learn more about the benefits, but also the misconceptions associated with LLCs and corporations.
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