Assets in Trusts, how to collect?

[bcskier]

What is the name of your state (only U.S. law)? Colorado

Checked the assets of the defense prior to case. Looks like his real estate is in a Living Trust listed in his wife's name. I'm guessing at this point that his bank accts are also in the Living Trust too. Since I sued the individual and his business, is there a way to have the judge alter the final judgement to include the Living Trust? If not, is there a way to utilize the Pattern Interrogatories to have the debtor list the assets of the Living Trust and then sue the Living Trust? Clearly the business owner has done his homework on how to limit his liability and hide assets, but I figure if I come prepared then I'll have less to get distracted by with his fancy footwork.

 

[latigo]

What is the name of your state (only U.S. law)? Colorado

Checked the assets of the defense prior to case. Looks like his real estate is in a Living Trust listed in his wife's name. I'm guessing at this point that his bank accts are also in the Living Trust too. Since I sued the individual and his business, is there a way to have the judge alter the final judgement to include the Living Trust? If not, is there a way to utilize the Pattern Interrogatories to have the debtor list the assets of the Living Trust and then sue the Living Trust? Clearly the business owner has done his homework on how to limit his liability and hide assets, but I figure if I come prepared then I'll have less to get distracted by with his fancy footwork.

Your questions and some of your statements are so odd and perplexing as to suggest that you are flying by the seat of your pants. For instance:

. . . I sued the individual and his business . . .

Before talking about adding another party to the lawsuit, could you please explain why you have sued whom you have already sued?

Is the business a legal entity such as an LLC or a licensed corporation?

If so, why would you also sue the individual?

Have you alleged that the entity is simply a front a façade behind which the individual defendant carries on a sole proprietorship?

Or, are you suing the individual as a guarantor?

If the business is not a legal entity, then it must be a fictitious assumed name and not subject to being sued. It would be like suing your debtor’s street address.

But if the business is a legal entity with whom you dealt directly and you cannot hold the individual personally liable for its obligation to you, then why are we talking about the individual’s living trust or any of his assets for that matter?

. . . is there a way to have the judge alter the final judgement to include the Living Trust?. . .

I don’t know what your thinking is here. But if it works, maybe you can convince the judge to add a few of the defendant’s rich relatives to the judgment.

You need to spend some time and money with an attorney.