Last year, My wife and I (among 12 others) were served with an embezzlement lawsuit from my former employer. At that time, they froze all of my/wife assets (I am the primary defendant, they didn't attempt to freeze anyone elses assets). My wife is a Chiropractor and had seperate business accounts that were also frozen. We have finally decided to try and get the asset freeze lifted.
What motion do we file? Does anyone have a sample? We are both "in pro per"....and before you say anything, yes we know the severity of the lawsuit. But thus far, we have done everything anyone else has done, and not spent the $15k plus on attorney fees that they all have.
3 Answers from Attorneys
There are no 'samples' other than what you may find in practice books at the law library, covering civil procedure before trial, evidence rules, law and motion practice, etc. I don't believe any amount of free 'tips and hints' from here or elsewhere are going to effectively help in your legal defense. If you don't know how to represent yourself effectively against an experienced attorney intending to 'beat you, and don't have money to hire an attorney who does, you will have to study and learn what and how to do.
You say "thus far, we have done everything anyone else has done". That may be true. But you also say you are the primary defendant. There may well be things you should have done that the others didn't need to do. As the case progresses, it may become more and more important for you to defend the case differently -- and more aggressively -- than the others. Taking your cues from the actions of secondary defendants is reckless.
As Mr. Nelson has explained, you are in too deep to get by with a few tips from this website. You should get a lawyer ASAP.
I've never heard of an "asset freeze" in civil litigation. It sounds like they did a prejudgment right of attachment, in which case you should have hired an attorney last year and opposed the prejudgment attachment.
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I need a lawyer to contact me at area code 626 979-4211 Asked 5/20/13, 5:05 pm in United States California General Civil Litigation