What can possibly be awarded (worst case scenerio)?


#1

My ex is suing the guy I was dating for A of A and CC. I have proof that no alienation took place (I have years of letters to my husband detailing our problems & expressing my unhappiness). Proving the cc would be questionable as he has no real proof either. This guy who is being sued works for the government (5 years till retirement), but he is so far in debt, he is unable to even afford his monthly bills. He also just got hit by the IRS for a ton of unpaid back taxes. My ex thinks he can sue him for his retirement benefits or for his house (which still has a LOT owed on it).

What is the worst case scenerio for a cc lawsuit? Is his retirement benefits in jeopardy…and could they make him sell his house in order to pay for any punitive damages that they may award?

The guy who is being sued responded to my ex’s complaint…and my ex’s attorney just sent a reponse back saying “see you in court”. He cannot afford to spend any more $$ on an attorney.

Thanks! (By the way, we are no longer dating, so I didn’t know if that has any affect on his case or not).


#2

I cannot say what the worse case scenario would be, as the damages are set by the jury and are not ordered out of particular assets, such as a home or a retirement account.


#3

Keep in mind, most cases never go to court.
If he’s being sued on all 4 counts: CC (punitive & Compensatory) and AofA (punitive & compensatory), I believe the most per charge for out of court cases is $10,000 each. Anything more has to go to court. This is how it was in my case. Punitives are easier to claim than compensatory.

NOW…"see you in court: may be a year or 2 from now. There are steps that have to be done (discovery for both sides then possible deposition, then possible mediation) before a court trial is even considered. Courts don’t like this type of case especially in this day and age. Lawyers try to settle things out of court. The lawyer will use strong accusatory language to intimidate him. He needs to stay strong.

My advise, answer any questions asked honestly. When he gets a chance to ask for discovery, he can ask ANY question and ask for ANY evidence he wants. He has a right to see the proof the other side has and he can ask personal questions as to the state of the marriage. Believe me, I was asked very personal questions and WE asked very personal questions.

Also, take advantage of any ‘continuances’ due to him. Most folks just give up and drop the case when it’s seen that the other party has no viable assets. I was told that my 401K wouldn’t be considered, and I didn’t have to give that info.

Good luck. This was just my case, but I hope he is successful.