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  1. #1
    Join Date
    Feb 2005
    Posts
    113

    Default How to Seize Property Held by a Judgment Debtor's LLC to Satisfy a Judgment

    My question involves court procedures for the state of: NV and/or PA

    Personal judgment debtor owns a car in the name of their Nevada single-member LLC. The car is used, registered, and kept in PA, where the debtor resides.

    Which State’s law applies to the potential charging order/seizure of the vehicle? Any chance of piercing the NV LLC?

  2. #2
    Join Date
    Sep 2010
    Posts
    18,789

    Default Re: Which State’s Law Applies to Smllc Charging Order - Nv or Pa

    Laws in both states apply plus whatever state you have the judgement in. You're going to have to provide more details. A single member LCC trying to be used to hide assets isn't going to hard to get around.

  3. #3
    Join Date
    Jul 2018
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    1,048

    Default Re: Which State’s Law Applies to Smllc Charging Order - Nv or Pa

    Quote Quoting beekrock
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    Personal udgment debtor owns a car in the name of their Nevada single-member LLC. The car is used, registered, and kept in PA, where the debtor resides.
    I think what you're saying is that you have a judgment against an individual who lives in Pennsylvania. You didn't tell us in what court the judgment was entered, but I'll assume it was entered in a court in Pennsylvania. The judgment debtor owns a single-member Nevada LLC, and that LLC owns a car that the judgment debtor uses in Pennsylvania. You didn't say so, but I assume the car is registered in Pennsylvania.


    Quote Quoting beekrock
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    Which State’s law applies to the potential charging order/seizure of the vehicle?
    If my two assumptions above are correct, then there is no reason to believe any state's laws would apply other than those of Pennsylvania.


    Quote Quoting beekrock
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    Any chance of piercing the NV LLC?
    We have no conceivable way of knowing.

  4. #4
    Join Date
    Feb 2005
    Posts
    113

    Default Re: Which State’s Law Applies to Smllc Charging Order - Nv or Pa

    Quote Quoting pg1067
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    I think what you're saying is that you have a judgment against an individual who lives in Pennsylvania. You didn't tell us in what court the judgment was entered, but I'll assume it was entered in a court in Pennsylvania. The judgment debtor owns a single-member Nevada LLC, and that LLC owns a car that the judgment debtor uses in Pennsylvania. You didn't say so, but I assume the car is registered in Pennsylvania.

    If my two assumptions above are correct, then there is no reason to believe any state's laws would apply other than those of Pennsylvania.
    Yes, pg1067, you have interpreted correctly.

    Barring a claim of fraudulent conveyance or involuntary bk, I’m not sure it would be worth pursuing. From what I’ve read, NV’s charging order protections for LLC members extends to those of single-member LLCs - assuming we’re dealing solely with the ownership of the vehicle and with no distributions being made from the LLC to it’s member. I’d like to think that there’d have to be some workaround to seize the car.

  5. #5
    Join Date
    Sep 2010
    Posts
    18,789

    Default Re: Which State’s Law Applies to Smllc Charging Order - Nv or Pa

    Again, you've not provided any more details, just more rhetoric.

    I'm going to make leaps that you have a NEVADA judgment against a NEVADA individual and the car is now garaged in Pennsylvania.
    Well, Nevada law would apply for you attempting to go lien the car using the order against he LLC (shouldn't be hard to get). If they've managed to retitle it in PA, you're going to have to go to court there likeley. If it's still under Nevada title, you'll have to obey the PA repo laws while retrieving it (best to use a local company).

  6. #6
    Join Date
    Feb 2005
    Posts
    113

    Default Re: Which State’s Law Applies to Smllc Charging Order - Nv or Pa

    Pg1067 had it right above - PA judgment against a PA resident who owns NV SMLLC. SMLLC owns the vehicle that is registered in PA.

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