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Writ of execution for an entire company?

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Hulu

Active Member
What is the name of your state? UT

I won a judgement against a company however this company has refused to pay me or show up for the post judgement debtor's exam, etc .

As far as I know, he is the 100% owner of the company.

Is it possible to do a writ of execution on the entire company or at least put it into the hands of a court receiver or something like that?

Thanks.
 


LdiJ

Senior Member
What is the name of your state? UT

I won a judgement against a company however this company has refused to pay me or show up for the post judgement debtor's exam, etc .

As far as I know, he is the 100% owner of the company.

Is it possible to do a writ of execution on the entire company or at least put it into the hands of a court receiver or something like that?

Thanks.
Is your judgement just against the company, or against the company and the owner as an individual? What does the company do?
 

quincy

Senior Member
What is the name of your state? UT

I won a judgement against a company however this company has refused to pay me or show up for the post judgement debtor's exam, etc .

As far as I know, he is the 100% owner of the company.

Is it possible to do a writ of execution on the entire company or at least put it into the hands of a court receiver or something like that?

Thanks.
A writ of execution can only be used to seize and sell non-exempt property belonging to the judgment-debtor.
 

Hulu

Active Member
Is your judgement just against the company, or against the company and the owner as an individual? What does the company do?
The judgement is against the Individual as well as the company. I think the individual is a 100% owner in the company.

They do pyramid scams where you get people below you to sell and they get a cut of the action. The people on top make the most money and the people on the bottom make the least money. So this is the guy on top of the pyramid.

The people on top are not even concerned about selling the items but rather recruiting an army of sales people who then in turn recruit their own army of sales people.

Perhaps I can execute the judgement on the company itself and place myself on the top of the pyramid. It may be easier to take his company then to find his money.

What do you think?
 
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LdiJ

Senior Member
is a company considered to be a non-exempt property belonging?
A company can have both exempt and non-exempt property. Generally, everyone's (including companies) property is a mix of exempt and non-exempt property.
 

Hulu

Active Member
A company can have both exempt and non-exempt property. Generally, everyone's (including companies) property is a mix of exempt and non-exempt property.
Well how can I tell what is exempt and non-exempt?

Can you give an example?

This 1 guy who I have a judgement against is the sole owner and employee of the company. Filing done at a fly by night places.

This lawyer on youtube said that there was a buy who sued and won against a small bank in his town and the bank did not pay the judgement and he had the sheriff like go into the bank to perform on writ of execution assets inside the bank. I'm not sure how that would work exactly but it seem to be a powerful tool.

If a writ of execution can be done against a bank then why not against a sleazy company with a sleazy owner who is actively hiding his assets?

Thanks .
 

LdiJ

Senior Member
Well how can I tell what is exempt and non-exempt?

Can you give an example?

This 1 guy who I have a judgement against is the sole owner and employee of the company. Filing done at a fly by night places.

This lawyer on youtube said that there was a buy who sued and won against a small bank in his town and the bank did not pay the judgement and he had the sheriff like go into the bank to perform on writ of execution assets inside the bank. I'm not sure how that would work exactly but it seem to be a powerful tool.

If a writ of execution can be done against a bank then why not against a sleazy company with a sleazy owner who is actively hiding his assets?

Thanks .
You need to be asking these questions of your attorney. However yes, a writ of execution can be a powerful tool, but only if the business has assets that can actually be seized.
 

adjusterjack

Senior Member
Some guesses here:

1 - You didn't have a lawyer.
2 - You filed in small claims court.
3 - The guy didn't show up so you got a default judgment.
4 - You're stuck with product that you can't sell because the same, or similar, products are available everywhere else at a lower cost. (Been there.)
5 - You fell for the hype of making money but have no enforceable contract or promise of same (been there, too, when I was young and foolish.)
6 - The company is going to turn out to be on paper only, with no assets of its own. The owner doesn't stock product. It's drop shipped to his recruits.
7 - If you did manage to properly name the individual, as well as the business, the Utah exemptions are listed at:
Exempt Property in Utah Bankruptcy | Nolo If you don't see a link just google Utah judgment exemptions.
8 - Writ of Execution is a daunting and costly process. You pay fees to the court. You pay fees to the Sheriff. The Sheriff has to pay for storage until the sale and then commissions to the auction company. The exemptions have to be calculated and the exemption money goes to the defendant. Whatever is left goes to you. Keep in mind that personal property is likely to be going for pennies on the dollar. You can read about the procedure on the court website. Writ of Execution - Utah Courts (utcourts.gov)
9 - If you did get a default judgment, once the writ is served he can go to court and get the judgment set aside, for a variety of reasons, and you'll have to go to trial and prove that he actually wronged you.

Which begs the question - What, exactly, were the allegations of wrongdoing that you wrote in your lawsuit complaint? You know, where it says "My claim is based on the following facts." And you were given space to say the facts. Quote that word for word.


PS. You might want to consider giving up this Quixotic chase. You seem to be going down the same rabbit hole that I went through trying to collect judgments from deadbeat tenants. I even tried the collection agency route. No luck there either.
 
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quincy

Senior Member
Well how can I tell what is exempt and non-exempt? ...

... If a writ of execution can be done against a bank then why not against a sleazy company with a sleazy owner who is actively hiding his assets? ...
Here is a link to the Utah Legal Services Organization with a list of judgment-debtor property exempt from collection:

https://www.utahlegalservices.org/node/50/exempt-property

You previously said that the judgment-debtor operates a company with no physical address, only a PO Box address. Is this still the case?

Here are links to your previous threads relating to your judgment collection:

August 15, 2021: https://forum.freeadvice.com/threads/virtual-economic-nexus-and-serving-subpoena-to-out-of-state-companies-which-have-these-nexus-instate.661549/

August 15, 2021:
https://forum.freeadvice.com/threads/do-i-have-a-case-for-slander-libel-defamation.661551/

August 25, 2021:
https://forum.freeadvice.com/threads/am-i-responsible-for-storage-unit-cost-during-a-writ-of-execution.661604/

It might be time for you to turn your judgment over to a professional debt collector. You will not recover your full judgment this way but you will save yourself time and the obvious frustration you currently are having with the judgment-debtor.
 

zddoodah

Active Member
Is it possible to do a writ of execution on the entire company
Not sure what you mean by "do a writ of execution," much less what it might mean to "do a writ of execution on the entire company" (as opposed to what...part of the company?). A writ of execution is a document issued by the court that authorizes the sheriff or other levying officer to execute the judgment as provided by the applicable law and the judgment creditor's instructions.

or at least put it into the hands of a court receiver
If there is a factual and legal basis for a receivership, you can apply to the court for that.

is a company considered to be a non-exempt property belonging?
Corporate shares are not non-exempt property.

A company can have both exempt and non-exempt property. Generally, everyone's (including companies) property is a mix of exempt and non-exempt property.
I've never heard of a corporation having exempt property. Can you cite a Utah statute that provides for that?

Well how can I tell what is exempt and non-exempt?
Google "utah judgment exemptions."

You didn't say how big your judgment is, but you'd be well-advised at least to consult with an attorney who is versed in judgment collection.
 

quincy

Senior Member
Doodah, do you ever read a thread?

A link to Utah’s judgment exemptions was already provided and links to Hulu’s previous threads were provided with background information so that information does not have to be repeated.
 

Litigator22

Active Member
A company can have both exempt and non-exempt property. Generally, everyone's (including companies) property is a mix of exempt and non-exempt property.
No so! Not in the Bee Hive state. There only an individual" (as in: "a single human being, or person") is entitled to declare certain defined assets as exempt from execution. See: Utah Code 78B-5-505 (1)(a).
 

quincy

Senior Member
Ditto.

Nowhere in this thread does Hulu mention a corporation and in his previous threads he refers to a person as his opponent.
Yes. Hulu’s judgment is against an individual, according to his other threads, and he doesn’t seem to know exactly where this individual lives.
 
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