Each state has different laws on what assets can be protected from judgment creditors.
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.
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.
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.
Yes. Consult a knowledgeable bankruptcy attorney.
Garnish your wages.
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.
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.
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.
Yes in most cases there will be a consequence. The spouse is considered to have benefited from the assets of the other.
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.
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)
Yes, judgment proof is legal in Kentucky. Judgment proof refers to a situation where a defendant does not have sufficient income or assets to fulfill a court-ordered judgment. In such cases, the court is unable to enforce collection of the judgment against the defendant.