Hi @CapoeiraTC. Sorry to hear about your troubles. I have two answers for you.
First, on the purely technical issue, you can confirm how your Square account was set up by going to Account & Settings -> Business Information -> Tax Forms. At the top is the taxpayer information. This should have your company name, not your name, if you set it up as the LLC. Also, click on the Edit button to the right. The second field on that screen will either say “EIN ON FILE” or “SSN ON FILE.” In your case, you hope it says “EIN ON FILE.”
Secondly, if you haven’t done this already enlist the help of an attorney ASAP. While LLCs are usually protected from personal liabilities, remember that usually does not mean always. For example, if you set up the LLC after the debt being garnished was incurred then some states look at that as an attempt to hide assets from the bankruptcy court. Also, if you have ever used your LLC accounts for any personal transactions at all, most states have exceptions to the “corporate veil rule” that allow courts to pierce the veil. This is why it is so very important never to use LLC accounts for personal transactions at all, no matter how small and no matter whether it was “paid back” or not. If you’ve ever used your account for a personal transaction, even once, it can often be considered as just another personal account. Talk to an attorney as soon as you can. It will be money well spent.
I wish you all the best for a quick end to these troubles.
Chip A.
Square Expert & Innovator and member of the Square Champions group. (But NOT a Square employee, just a seller like you)
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