Legal Question in Personal Injury in Mississippi
Hiding Assets
If you are representing yourself in a personal injury suit, and you find out right before trial that the defendants have transferred their property into someone else's name ( no relation), do you try to have the transfer negated, or wait until the trial is over and file a post-trial motion?
3 Answers from Attorneys
Re: Hiding Assets
You need to first complete this case by getting a Judgment aainst these people. Then you have to file a seperate new case against them for fraud or attempting to defraud creditors. You first need to win this case or the next one is moot
Re: Hiding Assets
The suit will need to be filed in chancery court. In the meantime, try to continue collecting as much information as you can,and consider filing a lis pendens notice in Chancery on your opponent. A lis pendens notice warns all persons that the title to certain propety is in litigation and that they are in danger being bound by an adverse judgment. The notice is for the purpose of perserving rights pending litigation.
Re: Hiding Assets
That is a post-trial issue. You must first obtain a judgment against the Defendant, after which time you can begin post-judgment debtor proceedings. The information you referenced would be relevant at that time.
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