Civil litigation
Oct 4th 2020, 10:03 pm
#16
Just Joined
Thread Starter
Joined: Oct 2019
Posts: 22
Re: Civil litigation
Thank you lovely expat folks for your advice. From what I heard this young man had no liability insurance and neither does he have any assets or savings besides the 10k, he DOES have some saving and property under his name back in the UK, hence the question if he loses the case (most likely he will given he can no longer afford an attorney), will his assets in the U.K. be under lien by the US court decision? The plentiff is persuing personal damage and emotional stress from his due to a landlord / tenant dispute, he tried to settle with the opposing counsel but the other party insists he pays up 50k, most of these claims are made out of bullcrap such as emotional stress, from an economical prospective if he files bankruptcy will the bankruptcy clear debts / judgement of this nature? What’s the future consequence of bankruptcy on his young man who is only in his 20s? Does he have to go back to the U.K. and start life there?
Oct 4th 2020, 10:11 pm
#17
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,446
Re: Civil litigation
Thank you lovely expat folks for your advice. From what I heard this young man had no liability insurance and neither does he have any assets or savings besides the 10k, he DOES have some saving and property under his name back in the UK, hence the question if he loses the case (most likely he will given he can no longer afford an attorney), will his assets in the U.K. be under lien by the US court decision? The plentiff is persuing personal damage and emotional stress from his due to a landlord / tenant dispute, he tried to settle with the opposing counsel but the other party insists he pays up 50k, most of these claims are made out of bullcrap such as emotional stress, from an economical prospective if he files bankruptcy will the bankruptcy clear debts / judgement of this nature? What’s the future consequence of bankruptcy on his young man who is only in his 20s? Does he have to go back to the U.K. and start life there?
To enforce a debt outside the US the plaintiff would need to take the US judgement in his favor to a court where the assets are located and have the judgement franked by the local court, and a bogus claim for emotional distress might not be approved if such a claim would have failed in that jurisdiction.
If your friend has "property" in the UK, then it sounds like there is more at stake than his $10k savings? If these assets are worth more than the $50k of the civil suit then he won't be able to file for bankruptcy in the US, as assets outside the US must he included in a bankruptcy filing. .... Otherwise every crook and shark would just keep his assets out side the US to avoid being sued for them and/or fraudulently claim bankruptcy.
Last edited by Pulaski; Oct 4th 2020 at 10:26 pm.
Oct 4th 2020, 10:18 pm
#18
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: Civil litigation
What is the friend’s status in the US? Visa, citizen?
