Civil Lawsuit

[Meursault]

The owner of a small real estate business is being sued by a homeowner that alleges an error / omission occurred during the purchase of a home in 2008. The small business owner files personal bankruptcy in 2010 and to date has no assets. Since the lawsuit filing in 2011, the business owner sustained an injury that caused the closing of the real estate business and left the owner with mounting medical bills. The business owner is still on state disability because of the injury and in debt to medical providers. The insurance policy in effect at the time the alleged error occurred has expired and will not cover any losses. The business owner cannot afford an attorney to defend against the civil lawsuit and worries the plaintiff will be awarded a large monetary award. Question is whether future earnings will be garnished if the business owner recovers from the injuries and returns to work or starts another business?

 

[army judge]

The owner of a small real estate business is being sued by a homeowner that alleges an error / omission occurred during the purchase of a home in 2008. The small business owner files personal bankruptcy in 2010 and to date has no assets. Since the lawsuit filing in 2011, the business owner sustained an injury that caused the closing of the real estate business and left the owner with mounting medical bills. The business owner is still on state disability because of the injury and in debt to medical providers. The insurance policy in effect at the time the alleged error occurred has expired and will not cover any losses. The business owner cannot afford an attorney to defend against the civil lawsuit and worries the plaintiff will be awarded a large monetary award. Question is whether future earnings will be garnished if the business owner recovers from the injuries and returns to work or starts another business?

The lawsuit should have been discharged during your bankruptcy, as the lawsuit was commenced 2010.

I suggest you speak with your BK attorney, or peruse your BK rulings and filings.

If my assertion is correct, the lawsuit can be defended on the basis of the previous BK.

If not, why worry?

You're on disability, and if its permanent, most (if not ALL) of your assets and future income will be shielded.

Besides, its a lawsuit, not a ruling.

Comes now the plaintiff ALLEGING: All allegations remain assertions without proof, until they can be proven.
Simply said, ALLEGATIONS, also called ADDUCES (or to ADDUCE), are claims of FACT, which said plaintiff in a pleading (lawsuit), claims he or she can prove.
Don't worry about being sued.
The burden of proof is on the one who alleges or adduces in a civil lawsuit, the plaintiff.