As per FRO hearing ruling, the Judge did not have any evidence from either party. So he had to go just by his own credibility assessment. Unfortunately he found me less credible than him and as a I lost. Now given this, do you think the 'Civil suit' judge will go by FRO hearing alone and give decision in his favor thinking that I have been anyway proven not credible in the other court.
But if I moved to another state then he has to come all the way to that new state to sue me right?
Can he sue me in NJ? The FRO hearing took place in NY.
I live in NY and he lives in NJ. Another reason I want to run to a different state is: he already has a FRO against me from an NJ court. He fabricated a violation of that himself and got me convicted once. I fear that he may do again so. If he is successful 2nd time there is minimum jail time of 30 days as per NJ law.
So If I move to another state and do not give any forwarding address then the summon from NJ court will be simply returned and then they cannot prosecute me right?
I think I managed to confused you a bit. There are two suits I am talking about.
#1. A potential civil suit by him which we had been discussing so far.
#2. If he fabricates a violation of FRO (he has it from NJ court against me) then the NJ prosecutor/court has to send me a summon and that will not be delivered to me as I will be in a different state. Its unlikely that NJ prosecutor will go to the extent of finding me.
His typcial way of fabrication is he will make a phone call from an unknwon number to his residence and claim that the call came from me and I abused him. He has played this once successfully and got me convicted in NJ court.
I never thought living in America is that difficult , especially when I am innocent that I have to run from State as well as this guy who is freak and there is no way to stop him.
The issue is not about retaining counsel. I have spent huge amounts first fighting the 1st fabrication in NJ court. Then FRO fighting in NY court. Both Judges found me "not credible". Ok this is all happening with my wife not me per se.
Since the home in NY is jointly owned by me , her and bank. Then how much they can eventually collect from her? She is also planning to stop working if it comes to the extent of wage garnishment.
If we move to other state do we have to come for trials in NY all the way for the civil suit?
As a precautionary measure , to minimize the impact do you think if we do following , anyone can stop us ?
#1. Sell the NY property and move the balance in my account.
#2. Whatever cash she has in her account move all of it in my name.
#3. Move cars in my name.
# 4. Move remaining stuff in my name.
After this let them win and let them collect from her as she may not work, may not have any assetts in her name.
What do you say?
what if those are moved out of country to a foreign account?
I knew if we move out of country these guys cant do much.
I was saying, if just liquidate assets here and wire to my foreign account back in india and we still continue to live here in US. The whole idea is if she having zero assets , so that they have zero interest in suing her.
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).