The question
I am a volunteer teacher. My literacy student (adult with second grade
reading level) suffered a severe auto accident which he narrowly
survived, spending three months in intensive care at the hospital. The
accident complicated his already advanced diabetes, resulting in major
kidney failure and dialysis dependency.
A law suit for an accident claim has reached a settlement. However,
as there were five passengers involved in the claim, the maximum
payout after attorney's fees will be less than $15K total for the client,
my friend.
The client is now frail and was hoping to carefully conserve and
manage these $15,000 for future survival, as he is approaching his mid
40s, is now dialysis dependent, and is progressively blind.
To make matters worse, the client’s US citizen wife who is also very low
income and under-employed (Carribbean immigrant, recently
naturalized), has decided, since the client’s accident and declining
health, that she may sue for divorce. They have not lived together since
the accident; he has been cared for by his brother’s and nephew’s
families instead.
Is there any way my student can protect his meager funds from any lien
action pre- or during a possible divorce dispute?
He has not yet cashed the settlement check, which was written from his
attorney’s account. He asked the bank (HSBC) about cashing the check,
and they said he needs to deposit it into an account and wait for it to
clear, because of the amount of the check (more than $2000).
He is thinking of opening a new account in his name, just until it clears,
and then purchasing an official check which he would write to himself,
drawn on official HSBC paper. The bank says such an official check is
as good as cash, and can be kept for as long as he wants before
cashing in the future.
Our question is: Could his spouse ever put a lien on the uncashed
official HSBC check?
Note: My student/client is unwilling to write the check in anyone else’s
name, as even his family members have treated his own savings and
credit cards as their own in the past (even forging his signature), and
now that he is wise to the risks, he wants to take no chances with his
frail future and these very needed funds.
Thanks so much for any qualified knowledge on this matter.
From the LawyerCentral forum archive. Originally posted 3 February 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
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