
Whether we are representing a plaintiff (seeking a judgment) or a defendant (defending against a judgment), an early conversation with the client almost always includes the reminder that getting the judgment is the easy part. Collection, regardless of which side you are on, is the hard part. We have represented multiple clients who have a judgment against them personally. The creditor will almost certainly seek to discover personal assets such as bank accounts, vehicles, and other property held in the debtor’s name. In many cases, clients previously took steps to protect their various personal assets, such as with a comprehensive estate plan. Clients frequently become concerned about how the judgment will affect their business interests. That answer depends in large part on how the business interests are structured. For example, an interest in an LLC has some advantage to individual members faced with a judgment against them personally…Read More