Takin' Charge Posted January 9, 2008 Report Share Posted January 9, 2008 Not that I understand the discovery process at all, but I do know that if the Plaintiff desires they can begin the discovery process to see what assets (if any) I might have. Here's a question for the legal eagles at CIC:My fiance' and I live together. He is self-employed (100% sole owner). I am listed as VP, Secretary, and Treasurer of his corporation. I am not paid and have never been paid any money from his company. I am an authorized signer on the company's checking account (in the last year I think I signed one check). We have a separate personal account that he deposits his draw checks into and I deposit child support and payroll checks. My two sources of income are exempt. Can monies from either account be taken to pay for the debt? If so, should I remove myself from the accounts or is it too late?Thanks! Link to comment Share on other sites More sharing options...
Takin' Charge Posted January 11, 2008 Author Report Share Posted January 11, 2008 bump Link to comment Share on other sites More sharing options...
flacorps Posted January 11, 2008 Report Share Posted January 11, 2008 A good reason not to have check signing authority on his business account is that the IRS will hold you liable for any problems just like him. Link to comment Share on other sites More sharing options...
Takin' Charge Posted January 11, 2008 Author Report Share Posted January 11, 2008 I appreciate your advice. I'm still curious as to the checking accounts. Should I remove myself from both of them or will that be viewed by the Court as suspicious? I'd hate for his money to get frozen due to a judgement against me. If anyone has any knowledge about this I would greatly appreciate it. Link to comment Share on other sites More sharing options...
unusualsuspect Posted January 11, 2008 Report Share Posted January 11, 2008 If the money is in a corporation that existed before legal action, and you have not taken any sort of money for personal use (or been paid) and can document all of this, then the money is pretty much untouchable. If this corporation was set up after legal action, then it would be fraud on the court and money could be taken (piercing the corporate veil).As far as the money in your personal accounts, the child support would not be subject to seizure, but paychecks are fair game for a judgment creditor. Link to comment Share on other sites More sharing options...
brokeinok Posted January 11, 2008 Report Share Posted January 11, 2008 It would seem to me that since you are not legally married at this time, the best and safest course of action would be to remove yourself from these things just so you don't have to worry or have to fight it should they try. Link to comment Share on other sites More sharing options...
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