Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
This was for a TM trademark lawsuit. I do own a house with my husband cant hey seize that? Also, I have a business account with about $12.00 in it My husband and I have a joint bank account and i do not work. My husbands weekly payroll checks are deposited there but he is NOT named in the lawsuit. Are you saying they would take all his money every week?? Also, is it best to close the account and just put one in my husbands name as we need to live somehow??
I am sorry for not bringing good news. While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but no legal avenue exists for them to seek relief. I am afraid this is one of these times. (I am very sorry what does this mean?)
We do not have enough money to even pay all of our bills. We are behind a month on our mortgage and all the rest of the bills. If we just close out our joint account and he just reopens a new account they can still take his money?
And why would the put that I cannot file bankruptcy with a civil procedure code which I looked up and it says you cannot file on trademark/copyright lawsuits??
Sorry, for being such a pain I just don't understand the law.
We were just going to close the account once his payroll is going into the new bank account which will be at a differant bank?? What I am afraid of is them freezing the account and taking all the money then we cannot even live?
So, your saying they cannot go looking into my husbands accounts? Also, I send a previous thread but you did not answer.
How do I know they aren't going to tell the court? Also, if they already got the default what is the sense of me trying to contact them as i haven't contacted them this far? They want to know how many items I sold and they want my records? I use the cost method for income taxes so I don't keep inventory so I can't product what I sold of their items?
They want to know how many of the items I sold when I don't know so how do I tell them?? My biggest problem is I cannot pay them anything since I don't even have enough money to pay all my bills?? so i could not even negotiate? Do I tell them I don't have any money?
This what I was told a few days ago by another attorney? Is this info. wrong?
At this point you failed to answer and you did not have good cause for not answering so you have no grounds to get the default judgment vacated. With a judgment of that much money against you the best option here would be spending your money on a bankruptcy attorney and getting that judgment extinguished in bankruptcy, which while it may not be what you want to do and it may hurt you some it will not hurt you near as much as having to pay on that judgment which you will likely never pay off in your lifetime. Do not call the law firm because they have a judgment and all they will tell you is to pay it or they will come to seize your property and bank accounts and income tax refunds to satisfy the judgment. Any jointly held property or jointly held accounts can be seized because joint tenant accounts are viewed as though both parties each own the entire asset individually. If you try to transfer any assets at this point they can be recovered because the transfer would come under the Fraudulent Transfer Act which states you cannot transfer assets to avoid judgments.
Why was I informed by the IRS that civil lawsuit cannot be intercepted?
They served me with the civil lawsuit and I did not answer. It says on the lawsuit that if I don't answer within 21 days a default judgement will be filed against me
I would not be able to file on time as it was supposed to be answered yesterday? And I was also told I have to give an answer for each and every allegation?
Many people have a hard time finding the number because my cell number is XXXXX under my name?
Would this be considered a federal non tax debt?
Cause I found this article on the irs website:
Topic 203 - Failure to Pay Child Support, Federal Non-Tax Debts, State Income Tax Obligations and Unemployment Compensation Debts
The Department of Treasury's Financial Management Service (FMS), which issues IRS tax refunds, has been authorized by Congress to conduct the Treasury Offset Program. Through this program, your refund or overpayment may be reduced by FMS and offset to pay any past-due child support, Federal agency non-tax debts, state income tax obligations or certain unemployment compensation debts owed a state (namely debts for compensation that was paid due to fraud or for contributions due to a state fund that were not paid due to fraud).
You can contact the agency with which you have a debt, to determine if your debt was submitted for a tax refund offset. You may call FMS at the number below for an agency address and phone number. If your debt was submitted for offset, FMS will take as much of your refund as is needed to pay off the debt and send it to the agency you owe. Any portion of your refund remaining after offset will be issued in a check to you or direct deposited for you.
FMS will send you a notice if an offset occurs. The notice will reflect the original refund amount, your offset amount, the agency receiving the payment, and the address and telephone number of the agency. FMS will notify the IRS of the amount taken from your refund. Contact the agency shown on the notice if you believe you do not owe the debt or you are disputing the amount taken from your refund. If a notice is not received contact FMS at XXX-XXX-XXXX or TDD XXX-XXX-XXXX. The available hours are Monday through Friday 7:30AM to 5:00PM CT. Contact the IRS only if your original refund amount shown on the FMS offset notice differs from the refund amount shown on your tax return
Sorry for the long question but I will compensate you. In the federal civil procedures process it shows this goes to pre trial like I stated before. But, if they enter the default judgement do they still go to pre trial conference?
Does this makes sense from another attorney?
Yes they can seize property that is not exempted. This means items like your house are protected only up to $7500 of your equity, your car is protected only up to $1200, pensions are protected, etc. See: http://www.illinoisbankruptcy.com/exemptions.html and yes I know it says bankruptcy but the same seizure rules and exemptions apply for judgments.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).