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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hi, Im not sure what type of lawyer can assist with this problem.

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Hi, Im not sure what type of lawyer can assist with this problem. Last year, I lost an small claims case and appeal and a judgement was entered against me for approx $7000.00. Last week, I received a Order to Produce St. of Assets and Appear for Examination. My concern is when the judgement was entered last year, I had planned on filing bankruptcy. However, in the process, I suddenly became extremely ill.After a month of tests and doctors appointments, I came down with a auto immune disease than has no cure presently. I was so sick, I only recently began to go to work 1-2 days/week. I am considered totally disabled for the time being. between last year until July, 2013 then nurse came to my home 1/day 7 days a week. I could go on, but i hope u get the point. The thought of having to go to court and explain this personally is not something i want to do as the process up to the judgement entered played apart in my developing the disease. Im am still under treatment however it appears im in remission. I do not want to jeopardize this. I have begun to pick up the pieces starting with the IRS presently working on a payment plan, selling my business. My income is from a individual disability policy. I do not anticipate returning to work any time soon other than to assist with selling my business. Why cant this individual who won the judgement place a lien on my house. If everything works out, I should be able to pay the judgement or file bankruptcy. The first bankruptcy is still on my credit report although i never completed it? There are a lot of things to correct and I dont want to be overly stressed or burdened because i dont want a relapse. Can an attorney appear for me or help with possible solutions? What type of attorney handles this? I also live in California. Thank you!
Submitted: 9 months ago.
Category: Legal
Expert:  Zachary replied 9 months ago.

Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

Income from social security disability payments is totally exempt from judgment. Income from a private insurer's disability payments may be exempt in certain situations after making an application to the court for an exemption.

The order for production also absolutely must be complied with or you could face serious consequences, such as a contempt order from the court.

Thus, it would absolutely be in your best interests to hire an attorney to handle this matter for you and apply for any exemption if the judgment holder attempts to seize money in your bank accounts which you have received from disability insurance.

The type of attorney you would hire would be a civil litigation attorney specializing in debt defense. The attorneys I would recommend can be contacted at: http://www.calejl.com/ . If these attorneys are not in your local area, they will likely be able to recommend you to a very competent debt defense attorney in your local area.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Customer: replied 9 months ago.
The court date is 10/29/2013. Do I need to attend court or will he be able to postpone Orr handle the issue out of court? Since the judgement was not business related but personal. Is there any impact on the sale of the business? I thought individual disability policy's were exempt as well? He was hired specifically because I had suffered an accident and was on disability at time I hired this man.
Expert:  Zachary replied 9 months ago.
Thank you for your response. I address each question individually:

1. Do I need to attend court or will he be able to postpone Or handle the issue out of court?

A: Because the order is to appear for an examination, you will be required to appear for it personally. The lawyer you hire can request that the examination take place at your home so as to place less of a burden on you physically.

2. Is there any impact on the sale of the business?

Potentially yes. A judgment creditor can prevent a judgement debtor from selling an asset if the transfer is in any form designed to defeat the judgment creditor's right to collect liable assets. Thus, the judgment creditor may be able to look into the corporation's business records to make a determination on whether the corporate form has been respected. If there is evidence that the corporation is used for personal reasons (i.e., that you are using the business account for personal expenses, or that the business is a sham to hide your personal assets in), then the judgment creditor can "pierce the veil" and subject the corporation to liability on your personal debt. Assuming that you have respected the corporate form, then there will not be any affect on the actual sale. That being said, your receipt of any proceeds from the sale of the business will be subject to being seized by the judgment. Thus, you may need to set up a separate entity to receive the proceeds so that you do not come into possession of them personally.

3. I thought individual disability policy's were exempt as well?

A: They are generally granted exemption. But the exemption is not automatic like it is for social security disability benefits, and an application must be made to the court to grant the exemption.
Customer: replied 9 months ago.

Thank you sir for your time and expertise. I appreciate it as well!

Expert:  Zachary replied 9 months ago.
My pleasure. Please let me know if there is anything further I can do for you and positive ratings and comments are greatly appreciated and helpful!

-Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience: Lead trial/International commercial attorney licensed 11 yrs
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