Legal Question in Credit and Debt Law in New York

judgement proofing

My husband in being sued for $30 million. Ifhe loses his case, andhis howmeowners coverage is only $300,000, what are the economic ramifications? Is there anything we can do know to judgement proof ourselves? We were notmarried at the time of the supposed injury - can my wages be garnished? Can they force us to sell our house? Can they touch our retirement?


Asked on 9/22/03, 12:43 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: judgement proofing

Depending upon the severity of the injuries involved $300,000 may be enough to cover the suit or not. You have the right to retain a private attorney to protect your rights. Good luck.

Read more
Answered on 9/24/03, 7:52 am
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: judgement proofing

There certainly are things that you can do. However, I need much more information to advise you. Please call my office to schedule an appointment to come in .

Very truly yours,

Neil E. Colmenares, Esq.

718-888-3108

Read more
Answered on 9/22/03, 12:54 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: judgement proofing

Sounds like you not only need advice regarding protection of assets but also a good defense counsel in the underlying lawsuit to prevent a judgment in the first place -- otherwise, your existing counsel should have provided some advice in this area.

Please feel free to check out my firm's web site in this regard.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

Read more
Answered on 9/23/03, 7:26 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: judgement proofing

30 million is a lot of money. Please don't think that just because some plaintiff is suing for 30M that a court will in fact award damages of 30M. I would only be concerned if there was loss of life involved in the case or an infant/child was permanently injured.

There are many actions you may take to protect yourself. First, since you were not married or co-habiting at the time of the accident, only your husband is liable. Your assets will not be touched. hence, putting as much as you can in your name is helpful. Of course, the plaintiff's lawyers know this and will look for transfers of assets which may be "fraudulent". That is where a capable attorney can assist you.

If you have children, a 'trust' may be helpful. Putting the house in your name if the end of the trial is at least 6 months off can be helpful.

As an attorney, I am ethically bound not to suggest crazy scheme's like a "reverse-mortgage" coupled with a bus ticket to Atlantic City! But I may be able to make some more constructive suggestions!

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.

Read more
Answered on 9/22/03, 4:35 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York