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CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10244
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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How to protect personal assets in civil lawsuit

Customer Question

how to protect personal assets in civil lawsuit
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Unfortunately, once you have been sued there is very little that you can do to protect your assets from a creditor.
If you attempt to move your assets, for example were to give them to a spouse, other family member, or friend, the creditor would simply file a claim against them under the "Uniform Fraudulent Transfer Act" and recover the assets from that person.

There are a lot of movies and other sources of misinformation out there that make it appear that you can hide assets or otherwise "protect" your money if you get sued. This simply is not the case.

You may be able to hide your money from your creditor if you are willing to lie about it, conceal it, or otherwise engage in fraud - but be aware that doing so carries risks of increased liability (your creditor can get additional damages because you would be committing fraud under oath and obstructing the court's orders - this is all post-judgment).