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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
