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tc1uscg
join:2005-03-09
Saint Clair Shores, MI
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| reply to Midak
Re: Bad Article, Poor Advice
It doesn't get them over. But it does send a statement and if anything, provides a little enjoyment to the payer, not the payee. Now, if most people keep up on the laws in the state which they reside, they may find some states do not allow taking ones property which is not in said person name who is listed in the lawsuit. | |
Midak
Doctors suck
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join:2002-02-26
Yonkers, NY
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| If it's not in your name, it's not your property. Also, some states will not allow taking of property if the property is in an additional persons name, not party to the suit. Now, if you think you can do this after you get sued (change title on property) think again. Most states will recognize what's known as fraudulent conveyance, which basically states you changed title on property to avoid paying the judgment. If the judge believes the plaintiff, the property may then be executed upon. As mentioned, check your state laws for specifics.
One example would be CT. Even though there may be a second owner on the property, not party to the suit, a judgment lien could be used to sell 50% of the property, that which is owned by the defendant. This leaves the other party (usually a spouse) now partnered with an unknown third party who just happened to be the highest bidder. Now, if you added your spouse during the suit, fraudulent conveyance could be affirmed by the plaintiff giving them the possibility of selling the home outright.
None of the above can happen without a judgment and that is why you need to fight it. This is why I suggest counter suing no matter what. Make them provide all evidence, including the person they claim downloaded from you, along with the computer that person used. Make them spend the money to go to court against you. Just because the have deep pockets, does not mean they are looking to empty them. | |
tc1uscg
join:2005-03-09
Saint Clair Shores, MI | reply to tc1uscg
agreed. Might as well keep one person righteous in the family and keep property in "their" name..  | |
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