15
votes
Accepted
Are trusts shielded from legal penalties?
the person you sued has a nice job and a beautiful home, but he put
all his savings in a trust. Does that mean the law can't garnish his
money, or can trusts be both discovered (I've heard that some ...
- 229k
15
votes
Accepted
Am I obligated to pay a mortgage if a region is annexed?
The law applicable to immovables is the law of the situs (lex rei sitae), i.e. the law of the country where the immovable property is located. This is important because this law changed after the ...
15
votes
Accepted
If a witness in a trial is appearing via Zoom from another country and is found guilty of being "in contempt" how would the punishment be enforced?
A warrant for the arrest of the person on contempt charges could be issued although this probably wouldn't be a valid basis for extradition and instead would only be enforced if that person came to a ...
- 229k
10
votes
Am I obligated to pay a mortgage if a region is annexed?
The outcome would come down to a case by case basis resolution.
For example, the American Revolution was not held to invalidate private debts owed to British debtors (indeed, the U.S. Constitution ...
- 229k
9
votes
How can the judicial branch enforce a judge's order against the CBP if it does not comply?
@Dale M is basically correct, but fudges a bit on the process.
The court issuing the order would issue an order to show cause to a government official who is alleged by the person who sought the ...
- 229k
8
votes
Accepted
Is everything legal for me due to psychiatric reasons?
Your beliefs about your past and your mission would probably be considered to be personal religious beliefs. As Israel does not have a state religion this does not have any legal significance (except ...
- 13.9k
5
votes
How to enforce GPL if the copyright holder doesn't have access to the source code of violating software?
If an infringement suit is filed, the plaintiff(s) would have rights of discovery. They could subpoena the source code in such a case for comparison. They could take the depositions of EvilCorp's ...
- 114k
4
votes
Can the supreme court enforce its rulings on the executive branch?
The US courts (including the US Supreme Court) do not have an army or even a police force under their direct control, except for a few court bailiffs. Ultimately, if the executive simply defies the ...
- 114k
4
votes
Child support question
A judgment lien for child support would attach to your interest in the house, but not to your sister's interest in the house. Your interest in the house could still be foreclosed upon, but the ...
- 229k
3
votes
How can Alex Jones avoid paying the money he owes?
There are various reasons why an actual payment from a losing defendant may be delayed or go unpaid, including:
orders to pay can be stayed (suspended) while being appealed, although the court will ...
- 65.7k
3
votes
Are trusts shielded from legal penalties?
england-and-wales
Based on your description, this is a trust that was created with the sole (or primary) purpose of avoiding a creditor. As such, the trust would simply be voided by the courts and the ...
- 4,234
3
votes
Accepted
Enforcement of foreign court orders in the USA
Usually, but not always.
In California, this is governed primarily by the Uniform Foreign-Country
Money Judgments Recognition Act. California Code of Civil Procedure §§ 1713-1724.
The general rule is ...
- 229k
3
votes
Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?
Your premise that "the law did not exist previously" is, from the perspective of how courts work, mistaken. The law always existed, it's just that some people (maybe even judges) mistakenly ...
- 216k
2
votes
Studying abroad - penalty clause
International agreements provide that most countries (foreign) will enforce other countries' civil judgements (domestic) unless the domestic law is repugnant to the foreign law. A U.K. court would ...
- 218k
2
votes
How can the judicial branch enforce a judge's order against the CBP if it does not comply?
The normal course of events for a person who defies a court order is that the court would issue a warrant for their arrest for contempt. This warrant would then be executed by the relevant law ...
- 218k
2
votes
Legal recourse for neighborhoods facing loud vehicles?
You need is a legal basis for a (legal) complaint. OSHA regulations are set by the federal government, which gets its regulatory power via an interaction between politics, Congress, and the Commerce ...
- 216k
2
votes
Accepted
I am a judgment creditor. How do I use the court to enforce my rights (without a lawyer)?
If you don't want to hire a lawyer, you can do it yourself. You need to study the rules of the court, file an appropriate motion in the relevant court (etc.), and argue your case when you get a ...
- 216k
2
votes
Can the supreme court enforce its rulings on the executive branch?
Does SCOTUS and the judicial branch have any way to actually enforce
laws on the executive branch?
Yes, although in practice, it is almost always trial courts and not the U.S. Supreme Court, that ...
- 229k
2
votes
Accepted
Can judges impute income in debt cases?
No. You can not impute income when collecting on a judgment.
Imputation of income in alimony cases is done to determine the amount of the debt owed, and not with regard to the collection of an ...
- 229k
2
votes
State tax domestication
No
The full faith and credit clause of the Constitution mean that a judgement in one state is enforcable everywhere in the USA.
To enforce the judgement against a foreign asset, you would have to take ...
- 218k
1
vote
Accepted
State tax domestication
A judgment creditor collects money from bank accounts using what is called a writ of garnishment.
This is because (1) a writ of garnishment is a court order directing someone who owes a judgment ...
- 229k
1
vote
Accepted
Enforceability of contracts that call for provisions in a will
If Alice and Bob enter into a contract that calls for Bob to put a
provision in his will that benefits Alice, and Bob does not put in the
provision, would the courts likely uphold the contract after ...
- 229k
1
vote
Accepted
Do Singapore authorities have any leverage on a Canadian who is currently residing in South Africa?
Short Answer
Singapore probably cannot enforce this fine against property or income that it cannot reach domestically.
Long Answer
Normally cross jurisdictional efforts to enforce criminal laws are ...
- 229k
1
vote
What happens to a judgment when one of the parties dies?
In both cases, the estate takes over. If A dies, then B owes the money to A's estate. If B dies, then B's estate owes the money to A.
If B's estate is empty, then the debt is retired, because a debt ...
- 7,006
Only top scored, non community-wiki answers of a minimum length are eligible