[WSBARP] Execution on judgement
Rod Harmon
rodharmon at msn.com
Tue Nov 7 09:38:28 PST 2017
My answer to your question is yes. See following article:
Beresford Booth Obtains a Full and Voluntary Payment of Over $530,000 Owing to Union Employees
May 5, 2011
Representing several union pension trust funds against a defaulting employer, Beresford Booth lawyer William Kessler successfully obtained a lump-sum payment of over $530,000. Pension payments by the employer corporation to the union trust funds had been personally guaranteed by the corporation's principals. One of those principals was the single member of an LLC owning real property with equity exceeding $1.5 million.
Primary leverage for the voluntary payment was Beresford Booth obtaining (a) a Writ of Execution against all right, title and interest in the LLC owned by the single-member judgment debtor and (b) a post-judgment injunction precluding transfer of the LLC interest and its real property. Full payment was received less than 30 days after the sheriff levied on the LLC interest.
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com<http://www.rodharmon.com>
rodharmon at msn.com<mailto:rodharmon at msn.com>
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Monday, November 6, 2017 3:41 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Execution on judgement
Listmates,
Client has a judgment against him personally and wants to acquire real property in a single member LLC. I know the judgment does not attach directly to the real property. My recollection is that the creditor can obtain a charging order against the LLC and any distributions to the member would go to the judgment creditor. Can the judgment creditor execute against the personal property interest of the " membership" thereby taking ownership of the LLC and the property it contains? Thanks in advance for your insight.
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
Craig at glgmail.com<mailto:Craig at glgmail.com>
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