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    Default Has anyone here ever been sued?

    I am possibly going to be sued cause of some bs that was really my ex's fault but I am unlucky enough to be tangled up in all this. I am wanting to know if anyone has been sued or knows about this subject. How do you best protect/hide your assets? Any tricks to this?

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    Veteran Member Deaddolly's Avatar
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    Default Re: Has anyone here ever been sued?

    That's awful. I've never been sued personally but a family member of mine has. She put all her money in my account under my name so that way her ex couldn't get to it even though he sued her. When the lawsuit was over I gave her her stuff back.


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    Default Re: Has anyone here ever been sued?

    The thing is, if you are sued and owe a bunch of money, its going to sit on your credit report as a judgment, which is a negative item. And if you pay it off, it will still sit there for an additional 7 years. But I'm not sure to what extent it would affect your score.

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    Featured Member ava$'s Avatar
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    Default Re: Has anyone here ever been sued?

    ^^can people be awarded $$ that the person being sued doesnt have? OMG it sits on there for 7 years!? UGH, this douch

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by ava$ View Post
    ^^can people be awarded $$ that the person being sued doesnt have? OMG it sits on there for 7 years!? UGH, this douch
    Yeah that's what a judgment on your credit report is. But only if the lawsuit rules in the other party's favor of course. If you can't pay it or don't show up for court it goes on your credit report, which damages your score. It is like a tax lien type of thing against you, that sits on your credit report under the "judgments" section, which is negative. And the way credit reports work is, anything on your credit report stays there for exactly 7 years after the date of last activity (date of delinquency or even date of payment), so even if you pay it after it hits your credit report, it will still sit thee for an additional 7 years.

    When (or if) you finally pay it, it will still probably show it, but it will say "satisfied" or "paid" - however some people say they got theirs deleted. Most bureaus are stubborn with deleting things unless you repeatedly mail them certified letters over and over citing reasons for deletion (which I guess most people make up). And after you pay it: - Google has a lot of things on court judgments and credit reports too.

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    Default Re: Has anyone here ever been sued?

    Lawyer up! It's easiest to protect your assets right from the get go, before getting sued, but I'm sure a good lawyer would be able to help you out.

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    Default Re: Has anyone here ever been sued?

    ^Ditto

    Quote Originally Posted by ava$ View Post
    ^^can people be awarded $$ that the person being sued doesnt have? OMG it sits on there for 7 years!? UGH, this douch
    Not if you get a lawyer, gather evidence, and win your case. I'd put my assets in someone elses name in he meantime until the case was settled. That way he couldn't be sneaky and take things out. My family member had a joint account so "legally" her ex could wipe everything out though he wasn't supposed to until a decision was made about the case. But not when it was moved to my account.


    Quote Originally Posted by twistedprincess View Post
    I wouldn't touch them with a 10 foot pole and someone else's dick.
    Quote Originally Posted by simone87 View Post
    freeloaders annoy the fuck out of most of us
    Quote Originally Posted by funismymiddlename View Post
    im not breaking my ass for a dollar

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    Default Re: Has anyone here ever been sued?

    You have to be VERY careful about transferring assets. If you are being sued or know that you are going to be sued, any transfer is voidable. There is a presumption that the only reason you did it was to hide assets. In certain cases it can even be a crime. The best thing to do is to get a lawyer ASAP !

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    Default Re: Has anyone here ever been sued?

    Do you have homeowner's or rental insurance? In some cases, your insurance will cover any losses from lawsuits, depending on what you're being sued for.

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    Featured Member ava$'s Avatar
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    Default Re: Has anyone here ever been sued?

    ^^Nope, no insurance, I did however read somewhere that my landlord's insurance could possibly be sued for this but I dont think that would make the possible law suit to me voided. Yea I am going to have to get a lawyer I am just nervous to trust anyone I mean what if they join the other side and say "she has x, y and z now lets take it!" lol. It might sound paranoid but lawyers know how to get the $$ and not all of them have morals!

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    Default Re: Has anyone here ever been sued?

    I wonder how I can find the BEST lawyer who also isnt judgemental about me being a stripper? I mean I am nervous that if I tell a real conservative lawyer what I do that he may secretly hate me for it and not help me to his full potential or even worse set things up to where I will be taken for everything and in the end say "sorry"

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    Default Re: Has anyone here ever been sued?

    ^^^ as others have alluded to, the amount of a 'damage' award is directly related to the 'value' of the damages the plaintiff incurred as a result of whatever situation you're being sued for. Where the courts are concerned, there need not be any 'real world' relationship between the size of the damage award the plaintiff 'deserves' and the ability of the defendant to actually pay that damage award out of present assets and/or future earnings.

    Also, as others have alluded to, with all of today's 'paper trails' in regard to assets and income, any good plaintiff's attorney is probably going to seek court authority to dig into the defendant's financials ... for the purpose of discovering the size of present assets as well as future income potential. If it is discovered that assets have recently been transferred into a 'black hole', the defendant's attorney thus the court are likely to reach a conclusion that the transfer occurred for the specific purpose of 'hiding' assets, with the court also having the authority to un-do said transfer so that the plaintiff can gain access to those 'hidden' assets. Personally speaking, this is one of the reasons that I like to keep a certain percentage of my assets in 'physical' form i.e. gold bars, cash in a safe etc., such that they are 100% outside the banking system. Because of this, the one option available to you now without raising suspicion is to start siphoning off 'explainable' amounts of cash from your bank account every week and sticking that cash in a safe / under your mattress / whatever.

    Agreed that the best option is to find the very best attorney in town with specific experience regarding lawsuits similar to yours. You absolutely need to avoid falling victim to a worst case scenario i.e. a 1/2 million 'damage' award to the plaintiff which not only wipes out all of your existing assets, but which also lays claim to a portion of your income for the next 10-20 years !!! At the very least, you need your own attorney to structure things such that, in the event of a successful judgement against you, the possibility exists for you to declare bankruptcy to preclude ongoing future 'award' payments ... which would give you clean credit in 7 years ( versus 17 or 27 years in a worst case ongoing 'award' payments scenario ). Hopefully you do have a fair amount of cash available for attorney's fees ???
    Last edited by Melonie; 07-23-2013 at 10:45 AM.

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    Default Re: Has anyone here ever been sued?

    ^^So it sounds like, if somehow this person suing me wins say half a million $( even though I dont have anywhere near that) and my degree isnt one that makes huge bank, I could claim bankruptcy and not have to pay ongoing settlement payments to this person? Also, would they have access to a safe deposit box if I were to get one of those, or do you just mean a safe in your house kind of thing? Also, any recommendations on finding a good lawyer that wont judge me for being a stripper? Do you think that is a legitimate concern? Thanks, I appreciate your advice very much! I am just full of ?s but am scared to let any lawyer I am unsure of know "everything" about me as you never know about them!

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    Default Re: Has anyone here ever been sued?

    ^^^ you could claim such a bankruptcy PROVIDED that the outcome of the lawsuit and 'damage' award is structured correctly ... which is why you need a good attorney regardless of whether you win or lose the lawsuit. One of the potential issues given that you are an independent contractor business is that a Chapter 13 bankruptcy will most likely be expected by the courts ... which in turn establishes a negotiated multi-year repayment plan as opposed to one-time liquidation of all pre-existing debts. Thus without the proper structure, a 1/2 million damage award might, under a Chapter 13 bankruptcy, be negotiated down to $200,000 with $20,000 in annual payments due over the course of the next 10 years, with the negative credit fallout then hanging around for an additional 7 years ( or more ) after the final tenth year payment is made.

    Safe deposit boxes can be searched under court order, and the existence of a bank safety deposit box / mail drop box would undoubtedly be one of the first things a good plaintiff's attorney would check for. A personal safe isn't exempt from being searched under a court order, but the existence of a personal safe is much more difficult for the plaintiff's attorney to ascertain in the first place ( as long as you keep its existence a secret ! ). And if you're really worried about a personal safe being discovered as the result of a court ordered search warrant of your apartment, you can use a 'cash box' kept in the trunk of your car etc.

    In regard to attorneys, there is a principal called 'client confidentiality' which supposedly deals with your concerns. Granted that certain 'ivory tower' law firms might have a problem taking on a 'stripper' as a client. Without knowing the exact nature of this potential lawsuit it's hard to make a recommendation ... but with discussion about insurance claims etc. I can only assume that it involves a personal injury or something similar. However, what you want is an attorney that works 'both sides of the street' i.e. handles plaintiff lawsuits as well as defenses against such lawsuits.

    Also, if this lawsuit somehow integrally involves your ex, 'the best defense is a good offense'. As soon as you hook up with a good attorney, he needs to start looking for ways to potentially redirect the lawsuit away from you being the ( sole ) defendant before it ever appears on a court docket. Thus it's CRITICAL that your attorney handle any and all official responses to lawsuit notifications etc from the 'git-go'.
    Last edited by Melonie; 07-23-2013 at 11:25 AM.

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by ava$ View Post
    ^^Nope, no insurance, I did however read somewhere that my landlord's insurance could possibly be sued for this but I dont think that would make the possible law suit to me voided. Yea I am going to have to get a lawyer I am just nervous to trust anyone I mean what if they join the other side and say "she has x, y and z now lets take it!" lol. It might sound paranoid but lawyers know how to get the $$ and not all of them have morals!
    They are however bound by rules of ethics which preclude such.

    I have heard for example, of people in small towns shopping all the lawyers in town about a potential divorce, to prevent those lawyers from representing the opponent when the divorce is actually filed.

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by ava$ View Post
    ^^So it sounds like, if somehow this person suing me wins say half a million $( even though I dont have anywhere near that) and my degree isnt one that makes huge bank, I could claim bankruptcy and not have to pay ongoing settlement payments to this person? Also, would they have access to a safe deposit box if I were to get one of those, or do you just mean a safe in your house kind of thing? Also, any recommendations on finding a good lawyer that wont judge me for being a stripper? Do you think that is a legitimate concern? Thanks, I appreciate your advice very much! I am just full of ?s but am scared to let any lawyer I am unsure of know "everything" about me as you never know about them!
    The statutes and rules of procedure of most jurisdictions are online. You can learn how long a judgment is valid, how it is renewed and what property is exempt.

    The state or a local bar association probably has a referral service. Be careful it is a real bar association. There have been cases where a few lawyers set up a so called referral service to get clients, though this is probably less frequent as advertizing rules have been liberalized.

    If the claim is contractual, it might be discharged in bankruptcy, but not a tort. (That used to be the rule).

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    Default Re: Has anyone here ever been sued?

    It's really hard to give you any advice not knowing the details about this, but you should know that whoever is suing you can't just say he has pain/suffering and wants a million bucks or something. There has to be quantifiable damage done. For example, if your friend was over and he stepped on a nail sticking out of a board and had to go to the emergency room to get it removed, a judge might say you are liable for his emergency room bill. But if that same friend was over and tripped on an uneven deck, slightly sprained his ankle, and then iced it for 48 hours over the weekend, he's not going to have much luck trying to get anything from you.

    As for hiding your assets, simply put, anything that's already in the bank is not going to be hidden.

    Don't respond to anything this person or your ex says to you about the potential case, and keep track of anything that is said or sent to you. Begin looking up lawyers in your area now, and if you are served, go to one of them immediately. Personally, I don't think there's any need to go to a lawyer before anything official happens (so threats of a lawsuit don't count), but some people may prefer preemptive action. Many lawyers offer free consultations though, so perhaps if you want to quiet your nerves, you could check in with one.

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by tuesdaymarie View Post
    It's really hard to give you any advice not knowing the details about this, but you should know that whoever is suing you can't just say he has pain/suffering and wants a million bucks or something. There has to be quantifiable damage done. For example, if your friend was over and he stepped on a nail sticking out of a board and had to go to the emergency room to get it removed, a judge might say you are liable for his emergency room bill. But if that same friend was over and tripped on an uneven deck, slightly sprained his ankle, and then iced it for 48 hours over the weekend, he's not going to have much luck trying to get anything from you.

    As for hiding your assets, simply put, anything that's already in the bank is not going to be hidden.

    .
    That would be a licensee, and there likely would be no liability. The rules for invitees -business visitors-is different

    http://www.leagle.com/decision-resul...WAR1-1950-1985

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by tuesdaymarie View Post
    It's really hard to give you any advice not knowing the details about this, but you should know that whoever is suing you can't just say he has pain/suffering and wants a million bucks or something. There has to be quantifiable damage done. For example, if your friend was over and he stepped on a nail sticking out of a board and had to go to the emergency room to get it removed, a judge might say you are liable for his emergency room bill. But if that same friend was over and tripped on an uneven deck, slightly sprained his ankle, and then iced it for 48 hours over the weekend, he's not going to have much luck trying to get anything from you.

    As for hiding your assets, simply put, anything that's already in the bank is not going to be hidden.

    .
    That would be a licensee, and there likely would be no liability. The rules for invitees -business visitors-is different

    http://www.leagle.com/decision-resul...WAR1-1950-1985

    http://caselaw.findlaw.com/tx-court-...s/1342614.html

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    Default Re: Has anyone here ever been sued?

    If the claim is contractual, it might be discharged in bankruptcy, but not a tort.
    precisely !!!

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by ava$ View Post
    ^^So it sounds like, if somehow this person suing me wins say half a million $( even though I dont have anywhere near that) and my degree isnt one that makes huge bank, I could claim bankruptcy and not have to pay ongoing settlement payments to this person? Also, would they have access to a safe deposit box if I were to get one of those, or do you just mean a safe in your house kind of thing? Also, any recommendations on finding a good lawyer that wont judge me for being a stripper? Do you think that is a legitimate concern? Thanks, I appreciate your advice very much! I am just full of ?s but am scared to let any lawyer I am unsure of know "everything" about me as you never know about them!
    Here's a site with resources for finding a lawyer:

    http://apps.americanbar.org/legalser...lhelp/home.cfm

    I doubt that it will make any difference to a lawyer that you're a stripper.

    This won't help you with your current problem, but in the future, I strongly suggest that you always carry renters or homeowners insurance that covers liabilities.

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    Default Re: Has anyone here ever been sued?

    ^^ so how do you know if its a tort? I havnt been served papers yet but I have been threatened with it by my ex. and the thing that happened was really bad but it wasnt my fault I am only tied in cause my name was on the it.

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    Default Re: Has anyone here ever been sued?

    Google for tort.

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    Default Re: Has anyone here ever been sued?

    Quote Originally Posted by slowpoke View Post
    That would be a licensee, and there likely would be no liability. The rules for invitees -business visitors-is different

    http://www.leagle.com/decision-resul...WAR1-1950-1985
    There are a million sets of circumstances that could have happened in that extremely vague scenario that would give cause for liability. But I don't really think a discussion on what could have happened in my made up example is what Ava's looking for, nor was it the point of my post. The point was, as Melonie and other posters pointed out, Ava should take into account what kind of damage was actually done to this person rather than what s/he could want to go after.

    @Ava: Another point that you might want to consider is that lawyers often love to go after insurance, but you don't have any. I know one girl who sued the same guy's insurance three times (and got money from it at least twice) because she was in the car when he wrecked and she broke both of her wrists. He had full-coverage insurance, and her uncle/lawyer delighted in coming after them with suits that were better off settled than disputed. I'm not saying they'll just pass you over, but if there's a bigger fish to fry, a good lawyer might be able to help you identify it.

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    Default Re: Has anyone here ever been sued?

    The person who was at fault has no on paper income and there name was on nothing so unless its the landlords insurance i am guessing I am all thats left. I dont want to post too much as this is a public forum and idk what to say/not to say.

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