Legal Question in Civil Litigation in California
Corporation in violation of Turnover Order
Canadian Corporation found liable for death of person in car accident regarding Christian member because Corporation did not respond to Michigan subpeona. Not an officer at time of occurance, outside contractor. Became an officer in title only after Michigan found against Canadian Corporation whose board members and officers were in California. Turnover order issued by judge in federal court in Oakland, already had resigned as an officer by that time. No information regarding such action was ever provided to me. Being sued for hiding assets of Canadian Corporation which is now bankrupt and defunct from my understanding. Trying to accuse me of fraud as well. Have 20 days to respond or default. Can I explain to judge and be kept out of this $20,000,000.00 lawsuit and avoid criminal charges since the accident occured prior to my working as an officer and order was issued to Chairman of the Board who ignored it after I resigned and I was not aware of any of this until after my resignation? Board and officers can testify to this but do I have to get an attorney? I can't afford one.
2 Answers from Attorneys
Re: Corporation in violation of Turnover Order
It is best that you get an attorney.Courts are m minefields that a non-lawyer can and does set off.
Re: Corporation in violation of Turnover Order
You cannot simply "explain to the judge" what has happened and get dismissed from the case. Getting out of the case will require a formal motion, which must be made properly and which will be opposed by the other side. They presumably have lawyers and you should have one, too.
While you are not *required* to get an attorney, there is so much at stake here and so much potential for a non-lawyer to make critical mistakes that you really should get counsel -- immediately.
Many corporations carry errors and omissions insurance which will pay the legal fees of directors who are sued over corporate debts. Even if the corporation has since gone bankrupt, the insurance may remain available to cover claims which were either made while the policy was in effect or which arise from events that occurred during that time. Ordinarily it might also be possible to sue the corporation to pay your fees directly, though the corporate bankruptcy will be a real obstacle in your situation. You could also try to sue other directors individually to pay for your defense and for any judgment entered against you, but this is not an easy thing to do.
All of these things will take time, though, and you don't have time. You need to hire a lawyer right away. Hopefully you will be able to get reimbursed from insurance later, but even if there is no available insurance you need professional assistance and you need it now. This is the rainy day for which you have (hopefully) been saving.
You may be able to file an answer on your own in order to avoid a default while you seek an attorney. Better yet, you can ask the other side to agree to delay taking your default (get a written promise which specifies a new due date) so you have time to find the right lawyer for you. Most attorneys will agree to such a request, and you have nothing to lose if your request is denied.
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