Wednesday, March 9, 2011

Daley Center Post Judgment Proceedings: Citation to Discover Assets

The most common mistake I keep on hearing about are Defendants getting their bank accounts frozen and their money taking after a judgment takes place. A judgment is essentially a ruling by the Circuit Court of Cook County at the Richard J. Daley Center that a Plaintiff is entitled to a certain amount of money as a measurement of damages.

I got two phone calls today with a similar story. This story is Plaintiffs catching a Defendant by surprise within 30 to 60 days after a judgment. After a judgment is recorded, a Plaintiff files paperwork called a Citation to Discover Assets. A Citation to Discover Assets are a deposition under oath with the purpose of finding your money and assets to collect on money that is owed to you. A common tactic is fear because Defendants are likely to pay a Plaintiff if they fear something such as a lien against their home or losing their home. The problem is most Defendant's attorneys do not properly explain the Post-Judgment proceedings because most Defendant attorneys do not practice a lot in the Post-Judgment proceedings. Defendants must expect that a Plaintiff will issue a Wage Garnishment Order to their bank and freeze their accounts. This will cause NSF fees, bounced checks, and Plaintiff to get money that Defendant is legally entitled to. Most Defendants fail to anticipate this and do not know how to properly prepare for this. In Illinois, a Defendant has certain exemptions under the law. The most common exemption is $4,000 personal property wildcard exemption. This wildcard exemption is to allow a Defendant to protect their bank account or cars (i.e. personal property) from a Plaintiff. However, most Defendants do not know how to properly file the paperwork claiming their wildcard exemption. This means Defendants lose their money and are caught off guard during already difficult and trying financial circumstances. An experienced attorney can anticipate a Plaintiff's attorneys' responses prior to them, can inform and educate a Client on what to expect. A prepared and educated Defendant is a Defendant that is more financially secure.

Sean Robertson is an attorney that assists Defendants in Cook County at the Circuit Court of Cook County with post-judgment and post-trial litigation. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Daley Center Post Judgment Proceedings: Citation to Discover Assets

The most common mistake I keep on hearing about are Defendants getting their bank accounts frozen and their money taking after a judgment takes place. A judgment is essentially a ruling by the Circuit Court of Cook County at the Richard J. Daley Center that a Plaintiff is entitled to a certain amount of money as a measurement of damages.

I got two phone calls today with a similar story. This story is Plaintiffs catching a Defendant by surprise within 30 to 60 days after a judgment. After a judgment is recorded, a Plaintiff files paperwork called a Citation to Discover Assets. A Citation to Discover Assets are a deposition under oath with the purpose of finding your money and assets to collect on money that is owed to you. A common tactic is fear because Defendants are likely to pay a Plaintiff if they fear something such as a lien against their home or losing their home. The problem is most Defendant's attorneys do not properly explain the Post-Judgment proceedings because most Defendant attorneys do not practice a lot in the Post-Judgment proceedings. Defendants must expect that a Plaintiff will issue a Wage Garnishment Order to their bank and freeze their accounts. This will cause NSF fees, bounced checks, and Plaintiff to get money that Defendant is legally entitled to. Most Defendants fail to anticipate this and know how to properly prepare for this. In Illinois, a Defendant has certain exemptions under the law. The most common exemption is $4,000 personal property wildcard exemption. This wildcard exemption is to allow a Defendant to protect their bank account or cars (i.e. personal property) from a Plaintiff. However, most Defendants do not know how to properly file the paperwork claiming their wildcard exemption. This means Defendants lose their money and are caught off guard during already difficult and trying financial circumstances. An experienced attorney that anticipates a Plaintiff's attorneys' responses prior to them, can inform and educate a Client on what to expect. A prepared and educated a Defendant is a Defendant that is more financially secure.

Sean Robertson is an attorney that assists Defendants in Cook County at the Circuit Court of Cook County with post-judgment and post-trial litigation. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Tuesday, March 8, 2011

Are You Judgment Proof? What Happens When You Have A Judgment?

A judgment is a lawsuit that was successful. A judgment enables a Plaintiff to perform certain actions against you or your business in order to collect the money that is owed to them. In Cook County, Illinois, a judgment is enforced in Room 1401 of the Richard J. Daley Center. The purpose of Room 1401 is to coordinate Citations to Discover Asset's proceedings. Essentially, a Plaintiff must file appropriate paperwork and give notice to the Defendant to show up. A Defendant is sworn in under oath and is asked a series of questions. These questions are essentially designed to find out whether you have any money that the Plaintiff can take. These assets include bank accounts, business interests, real estate, cars, personal property, accounts receivable and other assets.

In Illinois, a Defendant has a $4,000 personal property exemption, which means that a Defendant can protect up to $4,000 of personal property without the Plaintiff seizing this money/assets. For example, a common asset that is frozen is a banking account. If you own a checking account with $5,000, you have a legal right to exempt $4,000 in personal funds. Anything above $4,000 may legally be seized by the Plaintiff. Practically speaking, a Plaintiff will issue a Garnishment Citation to your Bank and your bank will set aside all of your monies in your bank account. The Plaintiff is entitled to every penny unless you file appropriate paperwork at the Circuit Court of Cook County in a timely manner.

After a judgment occurs, typically thirty days will go by and the Plaintiff will begin collecting against your bank accounts. As a rule of thumb, a Defendant should be aware that the Plaintiff will try to surprise them and freeze their bank account. Thus, a Defendant should be careful about writing checks because the checks will bounce and NSFs and bank fees will be substantial. The good news is with an attorney, you can get a court order to force the Bank to waive the Bank fees if your funds are protected by federal and/or state law.

Moreover, when a judgment occurs, a lien automatically is placed on any real estate that you own in your personal name. This is one reason it is important to have a Private Land Trust set up. A Private Land Trust prevents a judgment from attaching to your real estate. However, you cannot fraudulently transfer your house or investment property into a Private Land Trust to prevent a judgment being attached to your property when proceedings are occuring. Preventing a lien against your property interest is important because you must pay off all liens prior to selling your real estate. Therefore, a lien may prevent you from ever being able to sell your real estate without paying off a lien. At first glance, many people desire to pay off their bills. However, there are times when it is simply impossible to pay your judgment off. I had one particular client that desired to settle his judgment until he realized that the interest alone on his case was over $5,000 per month. It simply was impossible and impractical for him and his wife to pay this judgment. Fortunately for them, they had hired my law firm to protect their assets. Our asset protection plan worked as planned.

Sean Robertson is an Asset Protection Attorney for Physicians, Dentists, and Business Owners. If you need an asset protection attorney, Sean Robertson is happy to assist you. Sean Robertson may be reached at (312) 498-6080.

Charlie Sheen & Unexpected Lawsuits

The world is witnessing an interesting display to say the least involving Charlie Sheen. The case involving Charlie Sheen entails an important lesson, which is a lawsuit often times occurs at an unexpected time. In Charlie Sheen's case, there is no insurance that one can purchase that protects one from a breach of contract claim. This is important to remember because most business professionals and physicians assume that insurance is the answer. Unfortunately, in many instances, insurance is not available.

I represented one physician that got a huge judgment against him and his insurance policy did not cover a claim for breach of fiduciary duty and fraud. I know it sounds like a breach of fiduciary duty and fraud claim is difficult and would not apply to you. The truth is these are fairly common claims and a physician should not assume these claims would not apply to yourself.

Asset protection is vital prior to a conflict or litigation matter. I just got off the phone with an attorney that is threatening a fraudulent transfer lawsuit against one of my clients. My client allegedly transferred assets of his corporation individual prior to filing bankruptcy. This technically is a fraudulent transfer because it was intended to defraud, hinder, or delay payment of a creditor. Obviously, my client may claim that this transaction is not a fraudulent transfer and was finalized for adequate consideration. Adequate consideration means that the sale of the business was done for fair market value.

In conclusion, asset protection is critical for business owners, physicians, and dentists. In many cases, physicians are afraid of malpractice lawsuits, which is a legitimate concern. However, the unexpected lawsuit such as Charlie Sheen's example is much more likely. A breach of contract or partnership disputes are the most likely examples of unexpected lawsuits.

Sean Robertson is a corporate and asset protection attorney concentrating in estate planning, business law, and asset protection for physicians and dentists. Sean Robertson may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Friday, March 4, 2011

Physician Real Estate Ownership

The ownership of real estate is a vital issue for Physicians because real estate in your personal name may result in a lawsuit that threatens you and your family's financial future.

There are several ways to own real estate in Cook County, Illinois. The first and most common method for married Physicians is tenants in common, which is a joint form of ownership where upon your spouse's death, the surviving spouse inherits the house. From an asset protection standpoint, this is extremely problematic because a lawsuit or judgment against one party may result in forfeiture of your home. This is a problem because a husband or wife or partner may face problems, which threaten the other's legal title to the real estate.

The second method of real estate ownership in Chicago is tenancy by entirety, which is for married couples. The downside to this real estate ownership is upon one spouse's death, the surviving spouse does not inherit the remaining interest in their house. Tenancy by entirety is the most common method of real estate ownership when estate planning attorney's title a home. Tenancy by entirety is solely for your primary residence, which means that you and your spouse reside at this address. Tenancy by entirety is popular among estate planning attorney's because one spouse's lawsuit or malpractice case does not affect the other spouse unless both spouses are involved in the lawsuit. The downside to this form of real estate ownership is liens and judgments still may attach as a lien against your home like your mortgage. Unlike a mortgage, tenancy by entirety ownership prevents liens from being foreclosed if it only involves one spouse that got a judgment. With tenancy by entirety, it is important to have a proper estate plan because the surviving spouse does not automatically inherit their home.

The third way of owning real estate is a Private Land Trust. I personally love to structure real estate as tenancy by entirety that is owned by a Private Land Trust. The advance of this approach is the weakness of tenancy by entirety is liens may be placed against the title, which encumbers the legal title of your real estate. A Private Land Trust solves this problem because liens and judgments do not attach to Private Land Trust in Illinois.

In conclusion, Sean Robertson is an Asset and Estate Planning Attorney in downtown Chicago that counsels his Physician and Dentists clients on their customized estate and asset protectiong goals. Unfortunately, insurance is insufficient to provide adequate asset protection because often times a litigation need that arises that insurance does not cover or you are inadequately insured.

Sean Robertson is a graudate of DePaul University College of Law and University of Illinois at Urbana-Champaign. Sean Robertson may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Wednesday, March 2, 2011

Family LLC and Physicians

A family Limited Liabiilty Corporation (LLC) is an excellent asset protection planning tool for Physicians and Dentists. A family LLC is a term, which is simply describing an LLC that is owned by a physician and his/her family.

A family LLC differs with a normal LLC because a Family LLC utilizes voting and non-voting membership interests. With a normal LLC, the owners of the LLC own one type of stock-voting stock/membership interests. The purpose of a Family LLC is asset protection. A Family LLC is similar to a Family Limited Partnership except that a Family LLC is simplier and less complicated.

The concept behind a Family LLC is to convert an individual asset into a business asset that is owned by multiple parties other than just the Physician. For example, Adam is a Surgeon and his wife, Sue, own a Family LLC, which owns their CDs, Mutual Funds, and Stock portfolio with Adam and Sue owning each 1 percent of voting Stock in AS, LLC and each own 48 percent each as non-voting stock while their adult children each own 1 percent of non-voting stock in AS, LLC.

Under the above scenario, the goal is to transfer assets that are at a high risk from being seized during a lawsuit or a judgment. The goal is simple, which is to change the title of the assets and make those assets untouchable in a lawsuit. With multiple people owning the LLC, a creditor would have a difficult time collecting the assets owned by AS, LLC.

Furthermore, with a Family LLC, the sole rememdy that a creditor has is a charging order, which gives the creditor the ability to receive any distribution that the Physician would receive. Thus, the creditor has a tax liability because they are responsible for paying taxes on any profits from any distributions that were assigned to them that should have gone to the physician. This creates a big liability for the creditor and gives the creditor an incentive to go away or settle the dispute for a small sum of money.

The true goal of asset protection is to place your assets beyond the reach of a creditor. Thus, you want the creditor to avoid any collection activities because the payment of attorney's fees and their costs exceed the liklihood of any collection efforts.

Sean Robertson is an Asset Protection Attorney for Physicians and Dentists in Cook County, Illinois. Sean Robertson can be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.

Tuesday, March 1, 2011

What is the difference between a Living Trust and a Private Land Trust?

A Living Trust is an estate planning legal tool, which is similar to a will in that you name a Trustee and beneficiaries. Unlike a will, a Living Trust offers privacy and a smooth transition upon your death. A properly funded living trust avoids probate court and the hassles associated with a will. With a will, one must undergo probate court because any item that is in your individual name must be probated unless it is a written contract.
Thus, a living trust does not provide asset protection benefits, but rather it is an estate planning legal tool.

In contrasts, a Private Land Trust is a good asset protection tool because liens and judgments do not attach to a private land trust. A private land trust holds limited asset protection benefits and estate planning benefits. For married couples in Illinois, a Private Land Trust is an excellent legal tool. Holding your residence in a Private Land Trust as tenants by entirety will make it virtually impossible to penetrate this legal structure unless you and your spouse are jointly sued. Often times, I advise couples against placing the corporate entity in both of your names for this reason. A private land trust also allows limited estate planning benefits because you designate a beneficiary. Thus, you have a written contract that appoints a beneficiary upon your death.

Sean Robertson is an Asset Protection and Estate Planning attorney in downtown Chicago. Sean Robertson can be reached at 312-498-6080.

What is Physician Asset Protection?

Physician asset protection is a legal concentration designed to protect the assets of a physician from legal risks such as professional malpractice concerns or breach of contract litigation or partnership disputes.

The key to successful asset protection is advanced planning. Advanced planning is key because advanced planning reduces the liklihood of any claims that you attempted to defraud your creditors. A key component of asset protection is planning against future creditors.

A future creditor is a creditor that has not materialized yet. Thus, the key is you should not have an active malpractice or litigation matter. For most Physicians, malpractice exposure is not the most significant legal risks.

In most cases, the most significant legal risks is a partnership dispute or a breach of contract or fraud case. I know you are thinking that you would never be involved in a fraudulent matter. However, it is easy to classify a litigation matter as fraud or conversion. Generally, a fraud or conversion claim enables a Plaintiff to seek punitive damages and attorney's fees.

In my experience, a good asset protection plan protects your home, any real estate or vacation property, and your bank accounts and significant stock holdings. For different Physicians, the simplication or complexibility of your asset protection plan may differ depending on your marriage status, your desire for a simple or complex plan, or your potential legal exposure.

Sean Robertson is an Asset Protection Attorney for Physicians and Dentists. Sean Robertson is based in downtown Chicago, Illinois, which is in Cook County. Sean Robertson may be reached at (312) 498-6080 or Sean@RobertsonLawGroup.com.