February 24, 2012
PL 100- Introduction to Paralegal Studies
WEEK #7 ASSIGNMENT
This week, the assignment starts with reading Chapter 12 of the text, “Trial Proceedings”. The chapter covers the entire proceedings of a civil trial, from preparation to the trial itself, motions, and then enforcing the judgment.
The writing this week focuses on the final part of the chapter, enforcing the judgment (p. 408)
Assume that your law office has been representing a client who is a defendant in a personal injury case. Unfortunately, your client has lost the case, and has been ordered to pay a large judgment. She is now worried about what will happen to her belongings. Will she be forced to give up her house, her car, all of her other stuff?
You’ve been assigned the task of preparing to discuss with her what will happen to her stuff (in consultation with your attorney, of course). The disclosure hearing (in which she must reveal all of her assets to the Judge and the plaintiff) is scheduled for the 15th of March.
The first thing that you do is research the Maine Statute regarding property that is exempt from attachment and execution (seizure and sale of the property to satisfy the judgment against your client).
The statute can be found at the website of the Maine statutes
http://www.mainelegislature.org/legis/statutes/
Select Title 14, and then select §4422. (By the way, this same statute governs property in Maine that can be kept if a debtor files for bankruptcy).
If your client owns property that’s not exempt, she can be forced to turn it over for sale; the judgment is so large that, if anything she owns is not exempt, it will be sold.
So here’s your client’s financial situation. She has previously told you that the most valuable thing she owns is her house, valued at $90,000. She lives there with her 17 year-old daughter, who’ll be both turning 18 and going off to college next Fall.
She’s got her clothes and household furniture, not worth much, but her daughter has a fancy computer worth about $2,000. Your client also owns a car, valued at $8,000, and her engagement ring, and wedding ring, worth $1,000 each (more than her ex-husband was worth, in her estimation).
Your client has been unemployed for a few months, and gets unemployment benefits. Because of her unemployment, she’s also collecting SNAP benefits (food stamps). She’s expecting to receive the Earned Income Credit on her Federal Income tax return.
Her biggest recent purchase has been to fill up her oil tank for her furnace, with 250 gallons of oil bought at $3. 80 a gallon.
She has a bank account with about $2,000 in it.
Your job is to prepare a letter (for your boss’ review and signature) that clarifies for the client what she can expect in terms of keeping and losing her property. Go over each item of property mentioned above.
Your letter will be due by 6pm on Saturday, March 3 (note the later time). This response will be worth 5% of your final grade (5 points).
If you have any questions, please feel free to e-mail me with them.
WEEK #7 ASSIGNMENT
This week, the assignment starts with reading Chapter 12 of the text, “Trial Proceedings”. The chapter covers the entire proceedings of a civil trial, from preparation to the trial itself, motions, and then enforcing the judgment.
The writing this week focuses on the final part of the chapter, enforcing the judgment (p. 408)
Assume that your law office has been representing a client who is a defendant in a personal injury case. Unfortunately, your client has lost the case, and has been ordered to pay a large judgment. She is now worried about what will happen to her belongings. Will she be forced to give up her house, her car, all of her other stuff?
You’ve been assigned the task of preparing to discuss with her what will happen to her stuff (in consultation with your attorney, of course). The disclosure hearing (in which she must reveal all of her assets to the Judge and the plaintiff) is scheduled for the 15th of March.
The first thing that you do is research the Maine Statute regarding property that is exempt from attachment and execution (seizure and sale of the property to satisfy the judgment against your client).
The statute can be found at the website of the Maine statutes
http://www.mainelegislature.org/legis/statutes/
Select Title 14, and then select §4422. (By the way, this same statute governs property in Maine that can be kept if a debtor files for bankruptcy).
If your client owns property that’s not exempt, she can be forced to turn it over for sale; the judgment is so large that, if anything she owns is not exempt, it will be sold.
So here’s your client’s financial situation. She has previously told you that the most valuable thing she owns is her house, valued at $90,000. She lives there with her 17 year-old daughter, who’ll be both turning 18 and going off to college next Fall.
She’s got her clothes and household furniture, not worth much, but her daughter has a fancy computer worth about $2,000. Your client also owns a car, valued at $8,000, and her engagement ring, and wedding ring, worth $1,000 each (more than her ex-husband was worth, in her estimation).
Your client has been unemployed for a few months, and gets unemployment benefits. Because of her unemployment, she’s also collecting SNAP benefits (food stamps). She’s expecting to receive the Earned Income Credit on her Federal Income tax return.
Her biggest recent purchase has been to fill up her oil tank for her furnace, with 250 gallons of oil bought at $3. 80 a gallon.
She has a bank account with about $2,000 in it.
Your job is to prepare a letter (for your boss’ review and signature) that clarifies for the client what she can expect in terms of keeping and losing her property. Go over each item of property mentioned above.
Your letter will be due by 6pm on Saturday, March 3 (note the later time). This response will be worth 5% of your final grade (5 points).
If you have any questions, please feel free to e-mail me with them.
posted by sol goldman | 5:38 PM
0 Comments:
Post a Comment
<< Home