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now getting sued there for ridiculous amount.. have paid over $ 11,000 in three year`s. i am deeply in dept here .have alway`s wanted to do the right thing. but how can brasilian judge decide what my ability to pay is. if i lose case there can they come after me here.the mother`s family will testify on my behalf,that i have paid every penny of the child`s suport ,beside`s the receipt i have.,from before birth to this day.

2006-11-23 15:41:09 · 4 answers · asked by Nick S 1 in Politics & Government Law & Ethics

4 answers

Have you defended the case in Brazil? A Brazilian judgment may be enforced in the USA, but not if you have been denied due process (but not if the facts were found against you, even if wrongly so -- unless the court was corrupt and you can prove it).

If you are faced with an unpayable judgment you will need to engage in some sophisticated asset protection since you cannot file bankruptcy in the USA against a judgment for child support. You are unlikely to be sent to prison for nonpayment of child support, or to have your passport and driving license suspended for that, in the USA if you can show that your assets and earnings have never been sufficient to meet the Brazilian judgment. But you will need to prove that.

If you are likely to inherit money in the future, you should have your parents' wills rewritten to make anything you would otherwise inherit placed in a discretionary trust so that no court can take the money in satisfaction of any judgment.

You really need a very sophisticated lawyer to handle this, and unfortunately it does not seem that you have enough money to pay for such a lawyer.

2006-11-23 17:12:38 · answer #1 · answered by Anonymous · 1 0

Nothing you can do, but (assuming Brazilian's system of law allows it) you are technically entitled to ask for a counterclaim, where basically you file an action against the plaintiff.

Now try and work towards an out-of-court arrangement/ settlement (given that over three quarters of civil actions are resolved outside of court) to save court costs and money.

2006-11-23 15:48:14 · answer #2 · answered by Anonymous · 0 0

I spent a lot of time in Brazil, and understand how it works. The first thing you should do is a DNA test. I spent a lot of time in Brazil and understand how it works. If that doesn't work, get a good Brazilian lawyer. You have to bite the bullet and do it. If he's smart, he'll be able to get to the judge and you'll get a fair settlement.

2006-11-23 15:48:33 · answer #3 · answered by Kim 4 · 0 0

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2016-10-04 07:37:21 · answer #4 · answered by bugenhagen 4 · 0 0

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