Please Help...Legal Issue...Garnishment Protection
I am seeking advice on how to best protect myself against a judgement to garnish. I hired a builder to construct a house for my primary residence and he built the home with several defects. I had already paid out all but 10% and I filed a complaint with the City and State, but it takes a long time to get a mediation hearing. He has since received a writ to garnish. He was unsuccessful in obtaining money from my accounts because he had not located any, but I am afraid that he (the builder and their lawyers) may just show up at my door step and attempt to take my personal possessions. Does anyone have any information on how I can quickly protect my assets without having to move them?
it's after the fact now but how did they get a judgment? didn't you defend yourself?
anyway, in my state, you can file a Petition to Open Judgment. If the judge agrees with your reasons (after hearings, briefs, etc) he will remove the judgment and you will then be able to file a defense.
as to moving your assets, that is against the law in my state if you hide assets after judgment has been entered - I forget the technical term. if he has a smart lawyer, actually even a dumb one should know this, he will file for depositions and ask you point blank what you've got. if you lie, I don't know the penalties but you're lying under oath and that's not a good thing.
I think you need a lawyer. If you've got a mediation hearing scheduled, I don't understand how he can proceed to execution.