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Writ of execution for an entire company?

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doucar

Junior Member
Not to be too discouraging, but unless you know for certain where the assets are located and what the assets are, at least in general terms ie office equipment, receivables, inventory etc., a writ of execution is not going to help you.
 


Hulu

Active Member
I have no more comments to make. Good luck in your pursuit.
He goes by multilevel marketing but its organized as a pyramid. Its probably technically the legal version I would think.
In any event, this company and whatever he has that allows him to control the company(Voting stock perhaps) are his assets.

Why would this asset be excluded from a judgement when it does not seem to be listed on the exclusion list?

I can't be the first person who is trying to collect on a situation like this.
 

Hulu

Active Member
Not to be too discouraging, but unless you know for certain where the assets are located and what the assets are, at least in general terms ie office equipment, receivables, inventory etc., a writ of execution is not going to help you.
He owns 100% of voting stock in his company. Stock = asset. I don't think stock is on the exemption list for writ of execution.

Cash is better but I know but why not voting stock in his company vs pennies on the dollar of a collection agency?
 

Hulu

Active Member
If it is a scam, he probably never issued voting stock.
I call it a scam because he is using making grand claims about how it will fix everything wrong with you but I don't think its technically illegal.

Vitamins and supplements are not regulated the same way as real medicine. Its basically that hyped hippie type stuff.

He does have it registered but using UPS stores and virtual offices as his address. The companies are registered.
 

Hulu

Active Member
Not to be too discouraging, but unless you know for certain where the assets are located and what the assets are, at least in general terms ie office equipment, receivables, inventory etc., a writ of execution is not going to help you.
Can you do a writ of execution for a period of time or it has to be just at that one moment?
Can you do a writ of execution of a software licenses ?

Why do you feel that a writ of execution can't be done on voting shares of stock? Are they an excluded item under the law?

Thanks.
 

quincy

Senior Member
Can you do a writ of execution for a period of time or it has to be just at that one moment?
Can you do a writ of execution of a software licenses ?

Why do you feel that a writ of execution can't be done on voting shares of stock? Are they an excluded item under the law?

Thanks.
You cannot use a writ of execution to acquire intellectual property (software).
 

doucar

Junior Member
You can do a writ on voting stock but 1) do you know if the stock was actually issued? 2) Do you know where the stock is physically if it was issued? You cannot do a writ on generic voting stock, because the sheriff will have to get the actual physical shares.
 

Hulu

Active Member
You cannot use a writ of execution to acquire intellectual property (software).
Perhaps I explain this wrong.

I am not trying to own the software( as if I as the creator of the software) but rather a company's license to use that software.

For example, let's say you are using Microsoft word and you had some business license to use the Microsoft software such as Word, Excel, etc... for sake of argument $100.

I am not trying to claim that I own Microsoft or Word, excel but rather get that business license so I can use the software as the previous business did.

Basically step into their shoes.

Just like if you were to do a writ of execution against a Ford Truck, you want that 1 particular truck not the Ford company itself.

I hope maybe that explain it a little better?
 

Hulu

Active Member
You can do a writ on voting stock but 1) do you know if the stock was actually issued? 2) Do you know where the stock is physically if it was issued? You cannot do a writ on generic voting stock, because the sheriff will have to get the actual physical shares.
I do not know if they are physical stock certificates like they had 100 years ago with Rockefeller or that kind of thing.
Today, I think that is all digital or on paper as who is the owner.
I don't think the US is required to have the Gold to backup every dollar created either but I believe the dollar is still accepted as good.
My family buys stocks all the time and I don't think they get a mailed stock certificate but rather just become the owner of record. I need to find out more about this. I think what you describe may be barer bonds which don't have a registered owner but whoever has the physical paper by own the bonds.
Do you guys even invest in the stock market and if so, do you have physical stock certificate?
I can tell you he owns the stock and there are places you can look up and see he owns the stock online.
My guess is that this is digital stock holder on record and not physical certificates in his home safe but I may need to get back with more information on this.
 

quincy

Senior Member
Perhaps I explain this wrong.

I am not trying to own the software( as if I as the creator of the software) but rather a company's license to use that software.

For example, let's say you are using Microsoft word and you had some business license to use the Microsoft software such as Word, Excel, etc... for sake of argument $100.

I am not trying to claim that I own Microsoft or Word, excel but rather get that business license so I can use the software as the previous business did.

Basically step into their shoes.

Just like if you were to do a writ of execution against a Ford Truck, you want that 1 particular truck not the Ford company itself.

I hope maybe that explain it a little better?
You cannot acquire rights to intellectual property through the use of a writ of execution. A license is between the rights-holder and the one who is granted rights and cannot be transferred without permission from the rights-holder unless the license itself says it is transferable.
 

Hulu

Active Member
You cannot acquire rights to intellectual property through the use of a writ of execution. A license is between the rights-holder and the one who is granted rights and cannot be transferred without permission from the rights-holder unless the license itself says it is transferable.
So if I purchased some used business computers from Ebay from a company's liquidation with windows installed and licenses sticker attached to the computer. I would have to destroy those keys and purchase new windows software for each of those computers?
 

quincy

Senior Member
So if I purchased some used business computers from Ebay from a company's liquidation with windows installed and licenses sticker attached to the computer. I would have to destroy those keys and purchase new windows software for each of those computers?
It depends on the type of license.
 

Zigner

Senior Member, Non-Attorney
So if I purchased some used business computers from Ebay from a company's liquidation with windows installed and licenses sticker attached to the computer. I would have to destroy those keys and purchase new windows software for each of those computers?
If the license is attached to the computer, that means it stays with the computer.
 

quincy

Senior Member
Hulu, please do not start additional threads on this same legal issue.

It does not appear that you are going to get the assistance you need from an Internet forum. I recommend you find professional help in your area.

Good luck.
 
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