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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4828
Experience:  Experienced in both state and federal court.
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Our neighbor has been charged with felony stalking by the state

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Our neighbor has been charged with felony stalking by the state (in which we are the victims). The state feels they have a pretty strong case and we are considering suing her in civil court after the criminal case is done. They do own some property but our biggest concern is due to how long these things take, they may get rid of their property in the meantime - whether to offset their costs for their defense or whatever. So my question is
1. Can we file a motion to freeze their assets?
2. Can we sue prior to the end of the criminal case?
Thanks

TexLawyer :

To answer your second question first, yest you can sue prior to the criminal case, although the DA may not be very happy about it.

TexLawyer :

As far as restricting their assets, you can file a "lis pendens," which is filed as an encumberance to property to give others notice that there is litigation pending involving the asset. Lis Pendens is Latin for "suit pending."

TexLawyer :

Different states may have different names for a lis pendens, but all should have something similar in concept.

TexLawyer :

Doing this will make it difficult for them to sell a piece of real property with a lis pendens on it.

Customer:

Got it! That's really our main concern (them disposing of their property)

Customer:

Does the lis pendens only cover physical property or other assets as well?

TexLawyer :

I've only seen it filed on real property (land, a home, etc.) or a vehicle. It needs to be something that requires a title.

Customer:

Understood. Now is that something I can do myself or should I seek the help of an attorney?

TexLawyer :

If you have an attorney to litigate your civil case, they should be able to do it.

TexLawyer :

It would be better for an attorney to do it, as procedure and terminology can differ from state to state.

Customer:

I don't have one yet. this all just happened although we've known for a while it was going to. I guess I have to start shopping for one tomorrow

Customer:

what speciality (of attorney) would handle such a case?

TexLawyer :

Any general litigation lawyer or law firm should be able to handle it.

Customer:

Ok Thank you for your time and fast answers!

TexLawyer :

Glad to help.

TexLawyer :

If I've answered your questions, please remember to click ACCEPT. Good luck.

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