Husband is involved in accident, while defending civil case

[deidra45]

I thank you for your continued response. The doctor now indicated that my husband lost memory: my son, who is now with my husband, also informed me that my husband is not even recognizing him (I have visa issue and I too will visit my husband soon after that). We are all worried about his life. If I hire an attorney for my husband and inform this matter to the court, will it be better? Please advise.

 

[bcr229]

I thank you for your continued response. The doctor now indicated that my husband lost memory: my son, who is now with my husband, also informed me that my husband is not even recognizing him (I have visa issue and I too will visit my husband soon after that). We are all worried about his life. If I hire an attorney for my husband and inform this matter to the court, will it be better? Please advise.

Better than what? Not doing it? Of course if your husband's mental capacity is such that he can't represent himself then yes he needs an attorney pronto. I would arrange it ASAP.

 

[deidra45]

I thank you. Better than not doing anything with the court. Could you explain what is attorney pronto, and the availability of such attorney in Florida.

 

[Just Blue]

I thank you. Better than not doing anything with the court. Could you explain what is attorney pronto, and the availability of such attorney in Florida.

"pronto" means to do something quickly. You do need to hire an attorney, quickly. Contact the Florida Bar Association for a referral.

https://www.floridabar.org/

 

[deidra45]

Thank you and sorry for my lack of knowledge on prono.

 

[Just Blue]

Thank you and sorry for my lack of knowledge on prono.

That quite all right...and you're welcome.

 

[Taxing Matters]

I thank you for your continued response. The doctor now indicated that my husband lost memory: my son, who is now with my husband, also informed me that my husband is not even recognizing him (I have visa issue and I too will visit my husband soon after that). We are all worried about his life. If I hire an attorney for my husband and inform this matter to the court, will it be better? Please advise.

If he cannot remember things that are relevant to the issues in the court case then of course he'll be useless as a witness and he'll be unable to assist his attorney with the case. That of course is not great. It will hinder him in presenting his case to the court. The case will still proceed regardless. The memory problems will not be cause for significant delay in the case.

 

[deidra45]

I thank you for your continued advice. I will talk to an attorney although we are from modest background. I wish my husband will be alright and back. He was planning to quit the job in the next one year or so due to health and other personal reasons. Now, it seems, he cannot come to job anymore and may not come to USA in near future although I wish he will come and do the job. He has some money in his retirement account 403(b) as he was (and still on leave) doing a small job in government. Can the other party/court take away his 403(b) money which he already accumulated if he loses the case and do not come back to USA? We have a mobile home, in small piece of land on both our names (I and my husband) as joint owners and we bought, years before this lawsuit, with my husband’s salary. Can the court take away that home/land if he loses the case and do not come back to USA? We have nothing else (I work part time in Walmart, etc). This information will help decide my next steps whether it is financially worth enough to fight the case or give it up if there is nothing to financially lose even if my husband loses the case.

 

[bcr229]

@despritfreya can answer questions about filing bankruptcy if your husband loses the case.

Also if the worst happens and the OP's husband does pass away, what happens to the civil case if it hasn't been settled or progressed to the point where a judge can rule on it? Does it just end? Who would the OP inform at the court? And could the plaintiff sue the OP's husband's estate?

 

[Just Blue]

I thank you for your continued advice. I will talk to an attorney although we are from modest background. I wish my husband will be alright and back. He was planning to quit the job in the next one year or so due to health and other personal reasons. Now, it seems, he cannot come to job anymore and may not come to USA in near future although I wish he will come and do the job. He has some money in his retirement account 403(b) as he was (and still on leave) doing a small job in government. Can the other party/court take away his 403(b) money which he already accumulated if he loses the case and do not come back to USA? We have a mobile home, in small piece of land on both our names (I and my husband) as joint owners and we bought, years before this lawsuit, with my husband’s salary. Can the court take away that home/land if he loses the case and do not come back to USA? We have nothing else (I work part time in Walmart, etc). This information will help decide my next steps whether it is financially worth enough to fight the case or give it up if there is nothing to financially lose even if my husband loses the case.

What type of accident is he being sued for? If an automobile accident, did he have insurance at the time of the accident? How much is he being sued for?

 

[despritfreya]

I cannot address your husband's current situation other than inquiring as to whether or not he can/should return to the US for medical treatment. Is the medical treatment in the country where he is adequate? If not, coming home (if he can travel) may be the best thing. My heart goes out to you and your family in this time of crisis.

As to the bk issue, 1) he needs to have mental capacity to file or have a guardian appointed and 2) depending upon the issue in the litigation, will filing a bk simply result in the filing of a claim for non-dischargeability?

I do not think you mentioned what the suit is about.

Des.

 

[Taxing Matters]

Can the other party/court take away his 403(b) money which he already accumulated if he loses the case and do not come back to USA?

That depends on who the other party is and what the case is about. In general, a private (non government) party cannot reach retirement assets to collect a judgment. The exception is support claims (i.e. child support and alimony claims). And certain claims by the government can result in attachment of retirement assets, notably federal tax claims and federal criminal restitution claims

We have a mobile home, in small piece of land on both our names (I and my husband) as joint owners and we bought, years before this lawsuit, with my husband’s salary. Can the court take away that home/land if he loses the case and do not come back to USA?

You also did not tell us in what state you reside. That matters because the law on what is exempt from judgment is state law. If the judgment is against your husband only then your share of the mobile home and property could not be attached, but perhaps your husband's share may be attached. So the state where you live is important.

Many lawyers will give you a free initial consultation. Meet with one or more civil litigation attorneys about the case and ask as one of your questions whether the other party could attach what you have. If the answer is no, then your husband is what we call "judgment proof" meaning that he has nothing that a judgment can attach. In that case the judgment is not likely to have much effect, other than dinging your husband's credit.

 

[deidra45]

I thank you for your continued advice and kind words. we have been living Florida and our home and my husband retirement money is within Florida. We have not much (except few hudred dolars) except home and my husband's retirement account: 403(b). The civil lawsuit is not with government but with a former neighbor/friend of my husband (the lawsuit is not related to any accident). While the lawsuit was going on, my husband visited an other country and got seriously injured in accident in the other country.
So, if my husband lose the case, the other party cannot take away our home (our residence) and the retirement money even if we simply maintain silence on the court matters? Please advice

 

[Taxing Matters]

Florida provides the most generous exemption for your primary residence of any state in the country. Your primary residence is exempt from attachment by a private judgment no matter the value of the home. Florida law and federal law protect retirement funds from attachment by private creditors, too.

 

[deidra45]

I thank you for your continued advice. So, We need to worry about the home or my husband's retirement account. A friedn of mine is saying that if the other party send any discovery requests or court orders something to do (which my huabd cannot do) it may be treated a court violation (is it "contempt"?). Any idea on this.