Q: Can a "judgment creditor" take my unfinished manuscript from me before I finish it or try to sell it?
I have a debtor exam and need to list assets and produce documents. I don't have much in real assets so with my salary it could take years to pay off this debt. The creditor who got the judgment used to be my neighbor. He knows I write on the side and literally asked about my "intellectual property" in the interrogatories. Is my unfinished manuscript I have been working two years on and am still working on an "IP" or "asset" the creditor can just take before I complete it or try to sell it? Do I have to list it? Or even worse do I have to turn it over and show it to him? My friend's agent says creditors can't put a lien on a copyright, but mine isn't registered yet. It's an "unregistered copyright". I'm not a successful writer yet but this is my passion project and have high hopes it could help launch a writer career. I don't know what to do.
A: There may not be the ability to lien the asset, the unfinished manuscript can be considered an asset. It may have no or minimal value. You might be able to pay the debtor for the value of the item as it currently has.
A:
You should consult with an attorney experienced in intellectual property and debtor-creditor law to understand how best to protect your work and assets during the debtor exam and ensure that your rights as a creator are preserved.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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