If i will an assault/punitive damage lawsuit against a person and he has no means of paying my I take his person property

Lawsuits And Disputes 6 views 1 answers
i had a massive heart attack due to being choke and i sued the person who choked me. He never responded to any court papers he received which he has till the 27th to do so. If he does not which would mean i win my case. Can i take marital property also. And what can i take as far as personal property. I live in Maine

Attorney Answer

1
Alan Brinkmeier ·
You must obtain a judgment to win. If you gain a default judgment because the defendant does not answer or appear, then you must prove up your damages. That will take an evidentiary hearing that follows all the rules of evidence. Should you persuade the judge will enough evidence then a judgment may be entered. With that judgment, you may attempt to seek assets to go after. Some use a Citation to Discovery Assets, but for the absent non appearing defendant that presents major problems. You may only go after assets held by the judgment debtor. Not his relatives. Not his children. If the marital assets are truly joint, then perhaps a method to go after them might exist. This is complex stuff. Hire counsel.
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