Is it possible to be subpoened here

[backinthedr]

I live here in the DR and have reason to believe i will be part of a civil lawsuit in the U.S....I have 2 questions..first, can you be served a subpoena here for a civil case and secondly if there is a judgement against you can your assets here be seized?
Once again this civil not criminal.
Thanks for any advice

[Escott]

I would put my assets in a corporation in the DR just for kicks and giggles if I were in your position.

Escott

[JAMIE]

Originally Posted by Escott

I would put my assets in a corporation in the DR just for kicks and giggles if I were in your position.

Escott

Escott:

This is another question pop up to my mind, even you put all the assets in a corporation's name, since we know the corporation is a legal entity (third party) , theoretically, the assets in the corporation can not be touched.

But I think cases also happen, if the court can find out someone by setting up a corporation to avoid the lawsuit, then the court still can freeze the assets in the corporation, settle all disputable things (say, civil lawsuit whatever) , and the balance of the assets goes back to the corporation if there is any left over.

Let me share your thinks. Thanks.

Jamie

[jerryme]

I think everyone is referring to U.S. corporate laws. I would like to see opinions on the long arm of the U.S. reaching into the D.R. to seize this person's assets. I think that is what his question is. I don't know about the laws of the DR, but just because you get incorporated in the U.S. does not distance yourself from liabilities of the corporation.

[Escott]

I don't know that it would be so easy for someone to find a name on a corp or even if it was in someone else name with letters of resignation which is common in the RD.

But then again I have used corps for reasons other than the one asked so I am not sure if that is a failsafe way to protect assets.

He was also talking about a civil case and not a criminal case so I do believe you will be safe with the corp. If the US wants you bad enough they will get you but an individual or corp probably won't know the game in the RD.

This is of course just my thoughts.

Scott

[Fiesta Mama]

Originally Posted by Escott

I don't know that it would be so easy for someone to find a name on a corp or even if it was in someone else name with letters of resignation which is common in the RD.

But then again I have used corps for reasons other than the one asked so I am not sure if that is a failsafe way to protect assets.

He was also talking about a civil case and not a criminal case so I do believe you will be safe with the corp. If the US wants you bad enough they will get you but an individual or corp probably won't know the game in the RD.

This is of course just my thoughts.

Scott

You did not say if the action has actually already been commenced but I assume that you are the Defendant in an action and have already been served with the Statement of Claim? If so, was this done in the U.S. or in the DR because if they found you in the DR then, they obviously have the means to track you down again. I assume the action has been commenced because because you would not have to be subpoened unless a Pre-Trial or Trial was pending? If you were served with a Statement of Claim and did not deliver a Statement of Defence, the Plaintiff could automatically move to get Judgment against you and would not need to subpoena you at all. Once (and if) a Judgment is received (either because you defaulted on not delivering a Statement of Defence or the matter has gone Trial and the Plaintiff won) the Plaintiff still has to take steps to collect the money from you. This would involve such things as seizing property (land or possessions like a car, etc.), garnishing your wages or seizing funds held in any U.S. bank account. I think it would prove EXTREMELY difficult for someone to collect on a U.S. monetary Judgment in the DR. First of all, make sure if you have any funds in the U.S. in bank accounts that you move them out of the country because a simple search on your social security number will reveal any bank accounts you have and a U.S. bank will be obligated to dole over your funds or they will be held responsible for satisfying the Judgment. This is a civil action and from what I understand of Dominican law, a U.S. civil Judgment is not worth the paper it is written on as far as seizing possessions, etc. in the DR. Don't take my word for this but these are questions I would ask the legal authorities in the DR. Also, if the action hasn't even been commenced yet... it will take years before you ever have to worry about have to pay out money!

[PICHARDO]

Originally Posted by backinthedr

I live here in the DR and have reason to believe i will be part of a civil lawsuit in the U.S....I have 2 questions..first, can you be served a subpoena here for a civil case and secondly if there is a judgement against you can your assets here be seized?
Once again this civil not criminal.
Thanks for any advice

Unless your civil lawsuit in the US takes a turn to the worst as in criminal charges resulting for your actions then you shouldn't worry about your assets in the DR being taken over by a civil court's order in the US since they aren't enforceable due to DR laws.

But and a big one at it, if you keep your liquid assets in an international bank in the DR, for example Chase or the like your assets are in fact available for any US legal institution with a court order to see but not to touch, this could bring you extra problems since they could prove safe heaven of your funds overseas and therefore you could become the target of subsequent court charges in the US, and you don't want that since DR law doesn't provide safe heaven to foreign nationals whom are the targets of money laundering and added multitude of other things therefore making your assets the target of DR's seizure and probable total loss...

You can opt to form a "Company Anonima" who's principals don't need to be disclose unless they so want. Forming a corporation in the DR follows the same basic principles as in the US with minor structural differences other than in the legal proceedings to which the corporation could be exposed or become under DR law.

The only harm I could see for you from shielding your assets in the DR from a civil suit in the US would be the problems you'll have at home (US) when it comes to filling your income tax return be it in the DR or here.

Other than that continue to enjoy your Presidentes and the Sancochos...

[Karl]

Enjoy your life on the run.....

[backinthedr]

Originally Posted by PICHARDO

Unless your civil lawsuit in the US takes a turn to the worst as in criminal charges resulting for your actions then you shouldn't worry about your assets in the DR being taken over by a civil court's order in the US since they aren't enforceable due to DR laws.

But and a big one at it, if you keep your liquid assets in an international bank in the DR, for example Chase or the like your assets are in fact available for any US legal institution with a court order to see but not to touch, this could bring you extra problems since they could prove safe heaven of your funds overseas and therefore you could become the target of subsequent court charges in the US, and you don't want that since DR law doesn't provide safe heaven to foreign nationals whom are the targets of money laundering and added multitude of other things therefore making your assets the target of DR's seizure and probable total loss...

You can opt to form a "Company Anonima" who's principals don't need to be disclose unless they so want. Forming a corporation in the DR follows the same basic principles as in the US with minor structural differences other than in the legal proceedings to which the corporation could be exposed or become under DR law.

The only harm I could see for you from shielding your assets in the DR from a civil suit in the US would be the problems you'll have at home (US) when it comes to filling your income tax return be it in the DR or here.

Other than that continue to enjoy your Presidentes and the Sancochos...

You mention Chase as being an international bank...what about Banco Unpopular?? I certainly have learned they are in a category of their own...but what are their code of ethics (haha) in regards to ANY U.S institution with or without a court order prying into your private records. My guess is they would sell you out quicker than you could say "sancocho"......

[KrackedKris]

Back in the DR

The one fact I either missed or you overlooked; are the assets that concern you in the DR or US?