Asked in Civil Litigation, Bankruptcy and Collections for Arizona

Q: Can you file a writ of garnishment (earning) against a Defendants LLC that is self-employed and sole member?

A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against the LLC income earnings weekly or biweekly? Isn't her actions the pure definitions of fraudulent transfer or conveyance? Can you file a writ of garnishment (earning) against a Defendants LLC that is self-employed and sole member?

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. Those are fraudulent transfers by the debtor that can be set aside.

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