What assets can be touched in a successful AOA suit. Can the reward be greater than the assets that a person actually owns? Will a court take away a person’s car and home. Will the court garnish a person’s wages? What in your opinion would be a worse case scenario against a person that earns only $20,000 a year, has $20,000 in regular and retirement savings accounts and maybe $10,000 equity in a $100,000 home? What strategy could a person take to reduce the award?
NOT AN ATTORNEY
From what I understand, you may receive an award against someone for successful prosecution of AA/CC, however, you can really only successfully touch their assets up to the amount that they can save by filing for bankruptcy. So, what this means is that, say you win a huge award against them for AA and you go to collect…this forces that person to file for bankruptcy, which will discharge all their debts with the exception of judicial judgements and school loans. I’m not sure whether it’s only Chapter 7 or if it’s both Chapter 13 and Chapter 7 that they can use to protect themselves. But, if their car is only worth about $2000 and it’s paid off, you can’t take the car. In addition, depending upon what the circumstances are with the home, you may not be able to touch that either. Pension or retirement plans are exempt as well. FWIW, you could easily spend $15k or more to proceed against him/her, which will need to be paid up front. You may or may not recoup that expense.
Whatever it is, if they don’t have it to pay, you may spend $10-$25k to prosecute only to receive back a minimal amount of money per month as they attempt to pay off the debt of the judgement…possibly as low as $25/month depending upon what they earn and what other mandatory expenses they may have.
As well as strategies to reduce the award go, if your ex pursued him/her, then that person would not necessarily be seen as the main proximate cause of the alienation which could drastically reduce the amount of the award if not nullify it altogether depending upon the situation.
Individuals are allowed exemptions when it comes to execution of judgments. You may learn more about exempt property here: