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What assets are protected against a judgment in a wrongful death civil suit?

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2005-10-15 15:59:48
2005-10-15 15:59:48

Each state has different laws on what assets can be protected from judgment creditors.

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In general a plaintiff who receives a judgment for personal injury or wrongful death can execute the judgment against all property belonging to the defendant until the judgment award is satisfied. Anyone named as a defendant in a personal injury or wrongful death suit should retain legal counsel immediately and refrain from discussing the matter with anyone other than their legal representative.

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Only insofar as the judgment can be levied against the estate of the deceased. Since it can be assumed that the willed property was part of the estate's assets then it can be liened if there are insufficient other funds in the estate's assets to satisfy the judgment.

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If you operate as a soleproprietor then yes your personal assets can be used to satisfy the judgement. If on the other hand you operate as a corporation or a LLC then your personal assets are protected.

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The judgment holder will have to enforce the judgment. He/she will get leave of court to conduct a citation to discover assets, where they will grill the bank account holder on his/her assets. At some point down the line, the court can freeze the assets or order them turned over.

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It depends on the details. If the business was incorporated and the judgment was against the corporation the creditor can only take business property and assets. If you owned the business as individuals then a judgment creditor can take any of your assets to satisfy the judgment: bank accounts, vehicles, boats, equipment, real property, etc.

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Yes in most cases there will be a consequence. The spouse is considered to have benefited from the assets of the other.

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The plaintiff may now demand that a bank or broker freeze your accounts, and that a sheriff of marshal seize accounts or other property. The plaintiff may also file a lien against any recorded property, such as real estate. If the assets are hard to find, the plaintiff may require a deposition called a debtor's examination to require you to disclose your assets. Certain assets may be protected from seizure by federal or state bankruptcy laws.

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A third party collector generally attempts to collect or settle on the debt by using conventional means, such as mail and telephone contact. They can file a lawsuit and if they prevail they will be awarded a writ of judgment which can then be executed against any non-exempt property that is owned by the judgment debtor. Some methods of collecting a judgment are wage garnishment, bank account levy, liquidation of non-exempt assets, liens against real property. The laws of the judgment debtor's state determine how and what property can be protected from creditor attachment.

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"Judgment-proof" means that even if a plaintiff obtains its civil judgment against its defendant, the defendant has no assets from on which the court can levy in proceedings in aid of execution to satisfy the judgment. It also generally implies that as a result the defendant is not worth being sued, because the possibility of ultimately recovering a money judgment is nil.Added: There is no such legal principle as judgment proof. It is not a defense to a lawsuit. One can obtain a judgment against a defendant, regardless of the ability to collect the judgment. Plaintiffs often choose to proceed against defendants who appear to be judgment proof because they believe that the defendant will eventually have assets or income against which to collect.You are correct. The status of being judgment-proof is as a matter of fact and not a matter of law. Which is why I used the word "implied" and not the word "holds". Therefore, it is legal to the extent that as a matter of fact the judgment cannot be satisfied.

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A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(macky83@juno.com)

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The personal assets of the members of an LLC are protected in case there is a lawsuit against the company.

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Not directly (at least not legally). She could obtain a court judgment against you and have your assets seized.

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After the sale of the vehicle if there is a difficency balance the lender can file a judgment for the difference. Depending on the jurisdiction of the judgment the process used to try to collect on the judgment varies. First you must determine what assets the person has if any, and then that will determine your course of action. If the person has no assets then you're just wasting time and money although they may obtain assets in the future. In some jurisdictions you must renew a lien or judgment every two years.

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Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.

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Generally, in NJ, almost any assets can be used to satisfy a judgment. Some states provide for a "homestead exemption" which prevents a home (if the debtor lives there) from being taken by creditors, or at least prevents the owners from being evicted by the creditors, even if other assets are insufficient to cover the judgment. However, New Jersey has no such exemption. There is, however, an order that creditors must follow in going after a debtor's assets. First, they have to go after cash, then personal property. If both of those are insufficient to cover the judgment, then they can go after real property. NJ does, however, provide for an exemption of up to $1,000 in personal property.

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The prevailing party (judgment creditor) may collect on the judgment. You may be summoned to court to tell about your assets, garnishment may be started, or other lawful means of collection may be used, at the judgment creditor's discretion.

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If the court order is to lien your assets, yes. Possibly, if there is a loan against the vehicle, the lien may not be able to attach it. You must check locally and carefully read the judgment against you.

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Depends on what the judgment is for. It the business was a part of the debt, yes. In the case of the IRA, not usually unless it can be proved the contribution(s) constituted fraud.

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A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.

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In most jurisdictions the bank can attach any other assets you have. They cannot attach assets you transferred LEGALLY prior to this action unless the transfers were made for the purpose of avoiding creditors. If that was the case they can seek a judgment to capture the property so transferred.

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In a civil case and once a judgement is issued against you, any assets, including bank accounts, you have may be repossessed by the sheriff's department during the course of enforcing that order.

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It obviously depends on what the judgment was for, and may depend on your particular state laws. Money judgments usually become assets of the estate of the deceased, and the executor or administrator of the estate will have to pursue, abandon or compromise the claim.

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Yes. As long as the plaintiff has a valid claim against you, you can be sued and a judgment against you obtained. People with no assets are often referred as judgment-proof. This means that even if they are sued and a judgment against them is obtained, the plaintiff will not be able to seize any assets. But if you are working, you might have your wages garnished under the judgment. If a judgment against you is obtained it will be on the record for a certain number of years, depending on the state's laws. If you ever buy a house or come into money at a later date, the judgment will be there and you may have to pay it before buying that house or the plaintiff might find out about your new asset and seize it. Also, if you are not working at the time the lawsuit would be filed against you, you might get a job in the future and then your wages can be garnished. The determining factor about being sued is not whether you have money. It is whether the plaintiff has a valid claim.

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It means the creditor has won a lawsuit, been awarded a writ of judgment and can execute the judgment against non-exempt assets and property as defined by state law that belongs to the judgment debtor. The preferred method of executing a judgment is by wage garnishment, followed by bank account levy, the seizure and liquidation of non-exempt property and liens against real property. The state exemptions allowed for personal and real property when properly used can give the defendant/debtor considerable protection against the enforcement of a creditor judgment.


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