Asset Protection: How Does It Work?

How Does It Work?

We use whatever tool or tools are necessary to get the job done right. While some may favor one method over another, our job as we see it, is to be client first.

The tools to lock up your assets from the financial attackers are varied.

We utilize statutory law when and where it is available.

Regardless of the techniques utilized, all major non-statutory asset protection techniques revolve around two common sense rules: what you do not own cannot be taken from you, and no country in the world recognizes United States judgments.

Rule 1: What you don’t own can’t be taken from you.

This simple concept is the cornerstone of solid asset protection. If it is not yours, it is also not available to your creditors. People with solid asset protection control everything and own nothing. It is the same way that wealthy people and movie stars have been doing it for years.

We use techniques that keep you in control, but at the same time separate you from technical ownership. We often use a carefully drafted asset protection trust to achieve this result. As long as the trust is developed when the financial seas are calm, and is not the result of a fraudulent conveyance, your creditors should not be able to access any assets in your trust.

Rule 2: No country in the world automatically recognizes US judgments.

This is why we often utilize foreign asset protection trusts. Our system forces creditors to litigate again in a foreign jurisdiction. In most cases, a foreign country does not allow contingent fee litigation and requires the creditor to post a bond to pay for your legal fees if they loose. Keep in mind that even though we utilize foreign trusts your assets will normally remain in the USA in the repository of your choice.

In short, we use technologies that remove the economic incentive to litigate. Most contingent fee litigators are after one thing: MONEY. Once they realize that payment is at best unlikely and probably impossible because you have solid asset protection in place, these professional takers often abandon the pursuit of protected assets. They will often give up on the pursuit of your protected assets in favor of one of the many juicy unprotected targets out there.

The bottom line: We remove the economic incentive to litigate.