My question is: if I go the dismissal route, won't Plaintiff's Attorney direct these false allegations to the landlord (because responsible for actions of any tenant which were committed on their property), anyway…or, if I request to be dismissed, will these false allegations go away, and the case will be dropped entirely, including against the landlord and other Plaintiffs, Does 1-50?
You are presuming, perhaps assuming FACTS NOT IN EVIDENCE.
Allow me to tender to you some food for further thought, deliberation, and/or consideration.
If you are financially distressed, there'd be no logical or legal way for the plaintiff to collect a dollar, should the plaintiff prevail.
How is that, you're pondering?
First of all, you could file a personal bankruptcy, should you not prevail in the lawsuit under discussion.
In the state of California, you can choose one of two options for holding various categories of assets eligible for protection. Both options cover the dwelling in which you reside, your pension or retirement benefits, insurance benefits, personal property, and equipment relating to your occupation, although the dollar limits differ in some cases.
Option One makes provisions to include business property and wages paid within 90 days of filing, while Option Two includes alimony and child support among the assets eligible for exemption. Both options cover public benefits, the types of which differ from option to option.
To maximize your protection, you will need to determine which option best matches your own assets before moving forward. Asset protection is a complex undertaking, one that requires extensive background knowledge and a comprehensive understanding of asset protection laws. For that reason, an experienced legal advisor or attorney who understands California law can be a great resource as you consider ways to protect your legacy.
Asset Protection Laws in California | JMV Law
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What Assets Can Be Seized by a Judgment Creditor in California???
It can sometimes happen that a creditor wins a judgment against a debtor in court. But then the debtor claims he or she does not have the means (usually cash) to satisfy the debt outright. In this case, a creditor has the option of attaching a claim on the debtor's assets. This is one of the first steps in their effort to collect on the debt. The creditor may win a judgement. But a court-ordered judgment does not automatically turn over the debtor's assets. The creditor must take action to satisfy or discharge the debt. That is why it is important for you to know what assets can be seized by a judgment creditor. You should inform yourself about asset protection strategies that you can use to make asset forfeiture very unlikely.
Judgment in hand, a creditor has a number of options that they can pursue. First they need to discover exactly what assets can be seized in a lawsuit. So, further steps are taken. One of the most commonly explored avenues of asset or property discovery is the judgment debtor's examination. In this proceeding, the onus of unearthing assets or properties that can be seized falls on the creditor.
It is important for a debtor to understand that assets or properties can mean more than physical property (such as a house or a vehicle). Neither are they limited to that which the debtor currently owns or controls. It can indeed refer to future properties or assets, expected but as yet non-existent. Despite the far-reaching (almost all-encompassing) definition of property in this case, each state offers a debtor certain exemptions. These fall within certain value limits. If these assets are all that remain in the debtor's possession the exemptions can render the judgment virtually hollow. In addition to certain state-sanctioned assets that are exempt from judgments, there are legal ways to protect one's assets. This is especially comforting to know when the judgment (hard-won though it may be) arises from a frivolous lawsuit or a predatory claim.
https://assetprotectionplanners.com/strategies/assets-seized-judgment-creditor/
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Asset Seizure is Creditor's Responsibility
It is up to the creditor – not the court – to collect on a judgment that he or she received. The creditor must first find out what assets a debtor has that he or she can use to satisfy the obligation (assuming the debtor pleads to lack of funds). To do this, a creditor must request a Motion for Examination of Judgment Debtor. This is important because a judge signing it and a creditor serving it obliges a debtor. They must appear at the examination or risk being held for contempt by the court.
At the judgment debtor examination, the debtor will be placed under oath. This means he or she must answer the creditor's questions truthfully or risk perjuring themselves. Perjury can carry a heavy fine or even jail time. However, a debtor is not under a legal obligation to volunteer any information about his or her assets. A creditor must ask the right questions. After the procedure, the creditor must file another motion in court. Only then will they be able to attach a claim to the debtor's assets or properties that are not exempted by the state.
Debtor's Property That Can Be Seized
When mentioning 'property,' most people (perhaps including you) think only of real estate. They may consider such as the house where they live, or things they own, such as a car or a boat, or cold cash. But property, especially in court cases, can also mean a person's salary. It includes deposit accounts, stocks and bonds, IRA accounts and other similar types of assets. Don't think that just because you don't own the house where you live, or have no car, or any such type of tangible asset, or have a ton of money in the bank, that a creditor has nothing 'to take' from you. A cunning and determined creditor can attach a claim to just about anything you own. This includes properties that you would not have even thought were vulnerable to seizure in a judgement.
There are exemptions, of course, and these vary greatly from state to state. For instance, most jurisdictions will allow a creditor to attach your primary dwelling to a court judgement. But even in this matter, there are legal nuances that can mitigate each case; meaning it's possible to lose your house to a creditor in most states.
Educate Yourself
Once you learn you have a lawsuit filed against you, it's important to educate yourself about the laws in your state regarding your rights as a debtor. Understand what a creditor may be entitled to should he or she win the case against you in court. You'll likely realize you stand to lose more than you first thought. That is, you actually have assets that can be attached to a judgement. Perhaps then, if you have not done so, you will take action on protecting your assets.
The time to try to convince a plaintiff to be considerate of your situation is before a trial, not after. This is especially when he or she wins a judgment against you. So by putting your assets in the proper legal tools, such as an international LLC and/or offshore asset protection trust, you put yourself in a position of strength. When negotiating a settlement you will have the power. On the other hand, you may decide to hunker down in the asset protection bomb shelter. You may just decide to set up bulletproof legal tools and not let them get anything at all.
https://assetprotectionplanners.com/strategies/assets-seized-judgment-creditor/
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