Legal Question in Civil Litigation in California
full disclosure of assets statements
Will a "Full Disclosure of assets statement" do me any good in an imbezelement case"? I have a former employee who stole tens of thousands of dollars who now claims to have no assets. If it turns out that he is lying what good is a "full disclosure of assets statement" other than a possible contempt of court fine for making a false statement ?
2 Answers from Attorneys
Re: full disclosure of assets statements
Doesnt matter what his assets are. Sue him for the full amount and let him spend the rest of his life paying it. This kind of debt is NOT dischargable in bankruptcy.
Re: full disclosure of assets statements
Mr. Cory is correct, but you may want to consider an alternative approach. Have the full disclosure of assets made under penalty of perjury and include a waiver of any statute of limitations. Include in the disclosure the reason that the disclosure is being made. If the disclosure is properly worded you will have a powerful tool for collection. Also include a total amount due from the person.
You should have this done by an attorney as it can be very tricky.