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Street-Wise Legal Self Defense
(This information is for educational purposes only, and although we have spent every effort making sure this information is current, it is offered with the understanding that this organization and its members or not engaged in rendering legal, tax or other professional services, and each person should obtain specific advise from their accountant or attorney.)
We currently live in a time where you are more likely to end up in a lawsuit than having to go to the hospital. There are approximately 152 lawsuits filed every minute of the day!
Kyoshi Mather once told me to know self-defense in modern times one should look at living in a locked gate community, always retain good attorneys, and maintain sufficient wealth to endure any legal assault on you our your estate, and he's right. I would also add that the modern warrior must understand entity structuring in order to preserve your assets, because if you do obtain any wealth at all, there are hundreds of lawyers looking at how to get a piece of it.
In our martial arts programs we say that the A,B,C's of karate is to Attack By Combinations. In legal self-defense I like William Bronichick's A,B,C's of Asset Protection.
A: Avoid lawsuits and personal liability
B: Appear broke
C: Control but don't own
In personal self-defense the number one defense is to not be there. The same holds true for legal self-defense - don't get sued. It is imperative that you do everything within your power to avoid liability. Try to avoid personally signing for debt and instead use a corporation or other entity.
Appearing broke means to take assets off of public records and own anything of value inside other entities such as LLC's or Trusts. The first thing an attorney will do before he takes a case, is to evaluate whether he has a chance to win, and secondly and more importantly he will check and see if he is awarded a judgment, is there enough assets where he will get paid. Simply keeping your personal name off of corporate records will go a long way towards deterring trivial lawsuits.
The key is to control assets by using corporate entities and not owning them personally. This will allow you to enjoy the benefits of ownership without the risk of loosing anything. Although hiring a competent estate attorney is mandatory, an example might look like this:
- You own a corporation that deals with the public.
- It leases equipment from another company that you own.
- It rents from a real estate company that you own.
In this situation if your corporation is sued it really has no assets, it rents or leases everything. Should this company get a judgment on it, it may be forced to go out of business, but I m sure that another company will come into existence and fill that void.
For most people one of their largest liabilities is their personal dwelling. Here in Colorado Springs every property is listed in public records and what it is worth. Many asset protection attorneys recommend that you quit claim deed your home into a land trust, which will remove your name from public records as a property owner. For those that own rental properties, they recommend placing each one of them into separate LLC's which takes your name off public record and places each property into a separate and distinct entity, thus protecting it even if another property you own gets sued.
While seeking the advise of legal counsel is mandatory, our intention is to get you to think ahead and realize that to be Street-Wise in the modern world takes proactive legal education and implementation. Trying to protect your self or your assets after the fact is nearly impossible, but highly successful if done in advance. Don't wait till its too late, start structuring your asset protect plan today!
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