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  #1  
Old 10-12-2006, 06:04 PM
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Join Date: Oct 2006
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Advice Requested on Collection Against LLC


What is the name of your state? MI

I sued and won a judgement by default in early August against a gas station operating under a LLC that caused about $1500 of damages to my car due to bad gas.

Since the defendant never showed up to court and has not responded to any requests for payment I'm ready to take the next step and file a Subpoena to Appear and Produce all records of the LLC's assets. Will I then have to go to court again to create a property lien?

Also, when I go to court for this appearance, will I have to directly question the representative on which assets they exactly have, or is that part of the judge's job? Further, are there any special rules that allow LLC's to not pay this judgment? Such as the property or other assets cannot be tapped since judgments will not affect them.

Thanks

Edit: Fixed lien type

Last edited by halifax; 10-12-2006 at 06:41 PM.
  #2  
Old 10-12-2006, 06:12 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
You already have a judgment lien.

Anyway, find out all the members of the LLC and haul them into court. (Look at your secretary of state's website or whoever it is who keeps track of LLCs in your state.)

Ask them anything you want (till the judge tells you to shut up or stop).
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  #3  
Old 10-12-2006, 06:39 PM
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Thanks for the tip, never thought of looking on the state website. I got a copy of his "Articles of Incorporation". Looks like it's just the one guy that the fuel safety bureau people told me about.

Guess I'll just ask about all assets and property owned by the LLC.

Sorry, I mistyped that lein. I meant to ask if I'd have to go back to court again to get a property lein and then wait for him to sell the property?
  #4  
Old 10-12-2006, 07:37 PM
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Location: Missouri
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If the station is still in business -- send the sheriff down and do a till tap.

DC
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  #5  
Old 10-12-2006, 10:02 PM
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Join Date: Oct 2006
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Yeah, I didn't know they still did that. Will I have to request a till tap speciffically.
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