Ocala, FL asked in Business Law for Florida

Q: How can you protect personal property and assets from a lawsuit involving a LLC? Lawyers trying to use negligence?

Lawyers are trying to use negligence. They are not settling with insurance they are trying to get more money.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Evidently you, as well as an LLC in which you have an interest, are being sued. If the lawsuit ends up with a judgment against you as well as the LLC, the judgment creditors could levy upon property belonging to either or both judgment debtors, you and the LLC. So, trying to transfer your assets to the LLC wouldn't do anything to protect those assets, as well as being an attempted fraud on creditors.

If what you mean is to ask is whether you can transfer your personally owned assets to a limited liability company which is NOT a party to the lawsuit, the answer is essentially the same: your interest in the LLC would be subject to levy and thus the judgment creditor would be able to go after your interest in those assets anyway.

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