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1099 Employee- Real Estate

Discussion in 'Employment Contracts & Work Policies' started by desifuega, Jun 16, 2019.

  1. desifuega

    desifuega Law Topic Starter New Member

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    Jurisdiction:
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    A former broker who left in the middle of several pending contracts which belong to the firm, refused to sign the independent contractors agreement, and in court, my attorney was able to keep the suit off of my name and my LLC was ordered by the judge to pay her the fees which are STILL in dispute as it is unclear what her commission split would be. If she signed the ICA- it would be clear but she has not. I am about to sell my personal residence and was served notice that her attorney has placed a lien on my house for the amount she claims she is due. If the LLC - which is a separate entity is dissolved ( I was in a severe car wreck and recovering for 2 years), how can a person come after an individual? The LLC has been dissolved for nearly 2 years now. How can her attorney place a lien on my personal property? He failed in "Piercing the veil" as per my attorney.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The how is explained by the did.

    If the judgment was against the LLC then the lien on your individually owned home was placed wrongly and you should be able to get it removed.

    Unfortunately, you will need a lawyer to get it back into court.
     
  3. Tax Counsel

    Tax Counsel Active Member

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    I assume the judgement was entered against the LLC before it dissolved. If the dissolution of the LLC was not done correctly and you received some assets of the LLC in the process (would could include intangibles like the name of the business, customer lists, etc) that may allow the creditor to then look to you for payment of the judgment at least as to the value of the assets you received either under the fraudulent conveyance statute, a bulk transfer law, or transferee/nominee liability theory. I suggest you review the facts with a business attorney and see if the lien that was placed against you is legitimate or whether you have a basis to force its removal.
     

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