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Enforcement of Judgments

Question: How long does a judgment against me from a local credit union in 2009 stay active? The judgment is against me and not my business. Can they still attach the funds from my business? If I change my business from a sole proprietor to an L.L.C., will I be protected from the credit union taking money out of my business account?

A judgment is good for at least 20 years (enforcement proceedings commenced prior to the 20 years may continue past it). It must be revived every 7 years.

A sole proprietorship is just you, so funds in an account in the name of a business that is a sole proprietorship can be seized pursuant to a judgment against you.

If you create a corporation or LLC, the account of the business or LLC is not subject to being seized pursuant to a judgment against you, but your ownership interest in the entity is. A court may enter a “charging order” requiring payment of the income received by the entity to the judgment creditor.