Legal Question in Criminal Law in Texas
Q; The man was charged with 99 years for 3 counts of first degree felony of sexual assault on a child and the child was awarded all of his assets, does this included everything under the man's name including vechicles and/or properties that are not paid off yet? or just items that are paid in full? I'm not quite sure of the definition of "all of his assests".
1 Answer from Attorneys
well, in a criminal case, people are not awarded assets. So I am assuming that this individual was sued in civil court after a criminal conviction. Second, I have never seen a civil judgment which states that one party is entitled to all of the assets of the other party. There is normally a dollar figure. Maybe there was some settlement where the defendant simply agreed to hand over everything he had.
As far as acces to assets, just because you win some money does not mean lein holders get screwed in the process. If someone buys a new car in january, and that same person loses a civil case in february, the car finance company does not get screwed out of the entire amount of money financed. They have a lien on the vehicle and are entitled to their money. So i guess you could get the car, but it would be subject to that lien, meaning you would have to pay them the amount of money owed.
So basically, it would only mean stuff that is paid in full, items that do not have liens on them. Or you can sell the stuff, with permission of lien holder, then pay off liens and you keep whatever is left
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