Legal Question in Civil Litigation in California

Im suing my step dad for stealing all of my money that i got from a wrongful death lawsuit settlement about $300,000. He has bought many exspesive things with my money such as classic and new cars, seadoo's,travel trailers, dirtbikes, furniture, jewelry,etc. Well needless to say he doesn't have a job so i was wondering if it would be possible to have those assets liquidated as part of the payment when i get a judgment in my favor. And yes I know for a fact that I will win, i have all the proof.


Asked on 3/14/12, 7:00 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You certainly can have the sheriff seize non-exempt assets titled in his name once you obtain a judgment. However, an attorney might be able to help you employ prejudgment remedies as well so that things won't start disappearing during the time between filing of the lawsuit and trial.

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Answered on 3/14/12, 7:12 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You may be sure you *deserve* to win, but you can't be sure you will. You need to get a good lawyer to represent you -- especially if your father is going to have one.

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Answered on 3/14/12, 7:36 pm
Terry A. Nelson Nelson & Lawless

Yes, if you get a judgment, you can obtain a Writ that the Sheriff would use to seize and sell any property you can find belonging to the defendant. That assumes you can get a judgment, that it is not appeals for several years, that there will be assets to seize once you are able. Worst case scenario: If he is the bad actor indicated, he could sell the assets, go on a spending spree and use up the money before filing bankruptcy. You'd be well advised to have an attorney handle this, and try to get pre-judgment protective orders and bonds required. If serious about doing so, feel free to contact me to discuss the facts, issues and costs of suit.

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Answered on 3/15/12, 11:15 am


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