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Served with financial disclosure papers for a dog vs breeder

case. JA: What state are you...
Served with financial disclosure papers for a dog vs breeder case.
JA: What state are you in? It matters because laws vary by location.
Customer: We lost and breeders lawyer wants to be paid. My son was added to final day of case to be responsible for paying. He's active Military and owns a house in San Diego He's not sure how to fill paper out Should he put house in trust immediately? To protect himself?
JA: Has anything been filed or reported?
Customer: California
JA: Anything else you want the lawyer to know before I connect you?
Customer: Jason should not have been added He didn't sign anything at the beginning of trial judge removed him We were never notified by our attorneys that he was readied at last day till breeders attorney contacted us for payment of 180 thousand dollars
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Answered in 36 minutes by:
9/7/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,376
Experience: Retired (mostly)
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NOTICE: If you are presented with an offer for a phone consultation, which may appear to have been sent by me, please know that this is an automated website offer, and that I do not participate in this Justanswer program. If you would like to correspond with me directly, whether by phone, email or otherwise, then do not accept the phone call offer, because your request will be accepted by a random contributor, who may or may not be licensed to practice law in California – and, I will be unable to provide further assistance. Instead, simply type to me that you would like my direct contact info, and I will send you a specific offer for that purpose.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

From what you describe, you may have grounds to appeal the court judgment. It's very difficult to determine, given the limited info you provide, and the likely complexity of the case.

Concerning your direct question, re putting your son's home in trust, that will not protect the house from being seized and sold to cover the judgment -- because, once a person is aware of the existence of a legal claim against them, any attempt to transfer their property to a third party (including a trust) is considered a "fraudulent transfer," and the prevailing party in the case can have the court "unwind" the transaction so as to permit the seizure and sale of the property.

Your son may be able to file for bankruptcy, or assert his homestead exemption as a means of protecting some or all the equity value of the property. Again, without reviewing the entire case file, I cannot be more precise. But as to the direct question, putting the property in trust, or transferring it to a third party will not protect your son's property from the judgment creditor.

If you need more personal attention than can be provided in this public forum, I can arrange to send you an offer of direct correspondence, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

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Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,376
Experience: Retired (mostly)
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Category: Legal
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