Sued out of my house ?

[mr1bienvenu]

My wife is being sued for "failure to discovering a ponzi scheme". She did the guys tax and accounting work. She is not a CPA and she has no money and does not have insurance so can they take our home. Am I also in danger of losing everything ?

 

[Michael Wechsler]

It could very well be grasping at straws. Honestly, I don't know any of the details here but, when people are desperate, they will try to sue anyone and everyone in the hope of recovering money, even a settlement. I don't know the details of the agreement. It will probably be very difficult for the plaintiff to make a professional malpractice claim, as is usually the case with such cases. And I'm also not sure who is suing her for failing to uncover a ponzi scheme - the victims of the scheme? If so, also a very hard case to make, especially if she served more as a bookkeeper who was entering the fuzzy data that was provided by her employer. I'd keep calm and stay the course. Might be painful to have to hire an attorney but you may not need to worry as much as you think. Good luck to you and your wife.

 

[army judge]

My wife is being sued for "failure to discovering a ponzi scheme". She did the guys tax and accounting work. She is not a CPA and she has no money and does not have insurance so can they take our home. Am I also in danger of losing everything ?

If your wife did what you allude to her allegedly having done, all that is at risk is her losing her freedom.

She should, if approached by authorities, decline to discuss any part of this sordid event by asserting her Miranda Rights and her fifth amendment privilege against "self incrimination".

She should cooperate with the ensuing arrest and booking procedures.

You and your wife should discuss potential bond costs with two or three local bail bonding agencies.

Now, if she is being sued, its for performance of her duties as a bookkeeper.
That doesn't necessarily mean you're liable.
I wouldn't fret too much over a lien against your home.
Before the lien could be attached, your wife has to be sued successfully and judgment awarded to the other party against her.

Its extremely rare that a losing defendant with a lien against her or his home is displaced to satisfy the judgment.

In MOST cases, the lien will just sit there, and will come to life if you ever try to sell your home.
Assuming the lien is for $25,000, and one day you sell your home for $100,000, the lien will seek to be satisfied out of the "profit" you receive from selling your home.

But, you're a long way from that event.
I suggest you have your wife consult a couple local attorneys, speak with your home insurer (as those policies sometimes cover some or all of these kinds of situations), and relax because you can only do so much in any situation.

Bottom line, a lien against your home doesn't mean your home will be sold out from under you.

Last, but not least, BOTH of you should discuss a chapter seven bankruptcy filing with a local attorney or three.

You can also investigate a "pro se" chapter 7 BK filing.

Good luck, and hang in there, as all is not lost!