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Nonprofit Judgment Debtors

By Mark Shapiro

Republish: EasyPublish™
Published: 19Feb2012
Word count: 854
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I'm not an attorney, I am a Judgment Broker. This article is my opinion, from my California experiences. Laws are different in every state. If you ever want a strategy to use or legal advice, please contact an attorney.

Judgment enforcement with a (judgment debtor) big non-profit organization, gets done with the same tools as done with every other corporate business or entity.

This article covers enforcing judgments on (judgment debtor) small non-profit companies. What if a debtor is a non-profit organization, or the officer with a non-profit organization?

Whether a non-profit organization is small or large, the method of garnishing an employee's wages at the company is the same. When an employee works at a non-profit organization, their wages can usually be garnished.

When the non-profit employer doesn't respond to the Sheriff's wage levy notification, one may sue the non-profit employer for the funds that they should have withheld, if state laws allow.

Whether a non-profit organization is a company entity registered at the Secretary Of State's office, or not; non-profit organizations are less likely to pay dividends or salaries. Could their assets be garnished to satisfy your judgment?

Non-profit entities do not have stock shares, and many small nonprofits don't pay the officers with regular incomes.

While you can ask the sheriff to garnish a debtor's office equipment, that can be a super costly method to enforce a judgment. It might cost more than is received at the Sheriff's auction.

It's often very difficult to garnish non-profit dues or asset distributions, to enforce a judgment, unless they were proven as fraudulent transfers. When this is the case, enforcing would only be difficult.

The phrase "non-profit" only means that the structure of a company isn't for profit, and there aren't any stock certificates or shares. In nearly every other respect, a non-profit organization is run the same as every other company.

Certain non-profits, as an example, Sesame Street, has a spin off (for profit) company, that is where your money is sent if you buy a Tickle Me Elmo toy.

Certain more "profitable" and larger non-profit organizations pay good wages, and may offer matching with saving accounts funds. There may be lots of of cash in a non-profit organization.

Single-person non-profit organizations are sometimes utilized for a personal tax shelter, and occasionally there may be some kind of scam happening.

With tiny nonprofit organizations, there may be a co-mingling of assets between the president of a non-profit organization and a personal checking account, using the organization as a personal piggy bank.

Just like for-profit businesses, non-profits need to keep their organization minutes, have meetings, be registered with the Secretary Of State, keep separate business bank accounts, etc.

When they do not follow the requirements to stay or be a non-profit organization, they might owe a lot of taxes, and lose their liability protection.

When the nonprofit dissolves, perhaps the creditors will be paid something at the dissolution.

Debtor exams and post-judgment document production requests, served on a non-profit organization and possibly 3rd-parties, might uncover many hints on located assets, which may be used to satisfy a judgment.

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