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Show Winning a lawsuit doesn't mean you'll receive a settlement . ByTAMARA J.HAUGE . -, - Attorney-at-law .-.f The point of a lawsuit is usually to receive a judgment against a party; but simply because a prevailing party obtains a judgment doesn't necessarily mean the judgment will ever be paid. . - . ; ' - i " What can they do to me if they win?" one of my affluent clients recently asked me before we went to trial in a case where he was being be-ing sued for $18,000. -. .' 'They can garnish anyone who owes you money, or any bank account ac-count in which you have money deposited. They can execute against your house, your car, anything in your house and even cash you are carrying around. They can garnish 25 percent of your take home pay. The judgment itself will show up on your credit record and may pre- . . vent you from receiving credit,' ' I told him. :S "What if I put my house and my car in my dad's name? Who will know he doesn't really own them?" my client asked. ' : ;- "That may prevent them from executing against your house and -your car; on the other hand, it is a crime under Utah law to transfer property with a purpose to obstruct the claim of a creditor. There are also provisions under Utah law for a creditor to sue your father and have the transfer set aside if they can prove the transfer was made to -defraud them. As a practical matter it would be expensive and in-volved in-volved for them to sue your father and try to prove a fraudulent con- -veyance. Hasn't your father loaned you money recently? How do ' they prove the transfer was not just a means to give your dad a security securi-ty interest on his loan? It depends on how determined they are to collect col-lect on this judgment.". . "You said they can execute against my bank accounts," my client said, "How do they find out where my checking accounts are?" L" ' "They set up a special hearing where you have to answer questions ques-tions under oath about your assets and your accounts. , t ."Whathappensifllie?" , ' ' "I'm not sure you would be found out There are no procedures for investigating whether someone is lying or not Of course I won't represent you if you're thinking about lying under oath. That's a crime."- - " ' ' . - "If we lose the case, and if I tell them the truth about my checking accounCthen I probably couldn't use them for awhile," my client moaned. "How long is a judgment good?" - - , "It's good for eight years, but it can be renewed." '"You mean it can be good forever?" ' "Just about." "What if I move to England? Then I'll be safe." - "Not necessarily. There are provisions for satisfying a judgment even in a foreign country." ' - i. - , My client's face was now a vivid shade of red, and he was pacing ' my office. ; "Just win the trial," he said to me. |
