Legal Question in Credit and Debt Law in New York

I have a family member who really wants to get revenge on me and I'm kinda scared because he knows the law and I don't. He used to be a lawyer before he went to jail and lost his license. He said that he might start spreading lies about me to people I'm very close to and he's vowed that wherever I try to go to school in the fall or try to get employment at he would write letters/e-mails to them trying to spread false rumors about me to disrupt my life.

He said that he can make up a contract with his girlfriend for a ridiculous amount of money, like $100 million for a shirt, and then have her sue him so she can get a judgment against him and that would mean no other creditor (which could be me if he goes ahead and defames me like he says) could ever get any money from him since he'll never be able to pay the 1st creditor in line (his girlfriend) back. Could that really make him "creditor-proof" to the point where he can defame me all he wants and never face any consequences because it's a civil, not criminal, crime?

First of all is there any way I could get a court to void a ridiculous contract like that if he agreed that he owed the debt to his girlfriend and secondly, is it really true that only the first creditor can get any money back and not me if I were to be the second in line? I'd appreciate any help in answering my question, thank you.


Asked on 5/24/12, 8:19 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Sorry for your situation. A fraudulently obtained judgment will NOT protect the culprit. How could he owe $100 Million? I doubt the clerk of the court would even allow such a jugdment to be entered. A smaller, more reasonable amount maybe. However, since you indicated the ex-lawyer went to jail what makes you think you could collect a money judgment from him even if he does not follow through on the threat to make himself "judgment proof"? What assets does he possess? You could get a restraining order against him if he follows through with is libelous letter writing campaign (it might extend his stay in prison if he violates it). There is not much that can be done BEFORE he actually does something...

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Answered on 8/31/12, 10:14 am


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