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Most business owners have a line of credit with the bank but don’t realize that, as the business owner, they may be personally responsible for repaying any monies loaned. When it comes to unexpected expenses and opportunities, a line of credit provides a loan at the ready. If you don’t borrow, there’s nothing to repay.
The goal of the merchant cash advance lender, or any lender, is to be able to enter a judgment and seize assets quickly once a loan goes bad. The loans almost always include a personal guaranty , which provides relief for the lender against more than the corporate borrower, who might likely be failing.
Is garnishing PPP or CARES Act funds an option for satisfying outstanding monies owed to judgment creditors? Although New York has liberal laws on judgmentenforcement, CPLR Sect 5222-a provides a laundry list of funds exempt from creditors’ reach. The funds, although earmarked for payroll, were not exempt.
Also, on an auto loan, there could be more than one missed payment, followed by a repossession, followed by a sale of the collateral and establishment of a deficiency balance. He concentrates his practice in creditors' rights with an emphasis on debt collection, judgmentenforcement, and commercial litigation.
A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgmentenforcement differs based on the creditor’s industry, but that’s not the case. Does the judgment debtor lease a vehicle?
As we have helped and represented numerous foreign judgment creditors over more than three decades, we have a sound understanding of the procedural rules and Massachusetts law pertaining to foreign judgmentenforcement. As the assets are seized, they can’t be used or transferred.
One owner was accused of using a commercial loan for personal expenditures, and another faced a fraud investigation involving an estimated 30,000 victims whom he profited from. Diagnostic & Prescriptive JudgmentEnforcement By: Joe H. Dickerson, CFE. 24.95 + FREE S&H.
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