Can an advertiser sue me personally and get a judgment or place a lien against my property for business debts in California if I am the sole proprietor and no collateral for the contract was required.?
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Answer:
If the Plaintiff files suit and names the company and includes "et al", and/or includes the Defendants name specifically, then the suit can be against the company and the individual, in this case, the sole proprietor. When, and if, the case comes before a judge and if the court awards the Plaintiff, the court can ask for an examination of all the defendants assets that are available to pay the debt. If personal property is the only means to which the Plaintiff has any chance of recovering his losses, a lien can be placed against any or all of the Defendants personal property whether it be a car, house, boat, tractor, undeveloped land, etc. The Defendant can file a counter suit within a certain number of days of being served notice that the Plaintiff has filed suit. Answer Perhaps, especially if you listed this homesteaded real property as collateral to get the business going.
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