Civil law suit

[FM]

Massachusetts- My wife is being sued for over $500,000 for her son hitting another kid. He hit him becuase the kid hit his sister (my wife's daughter. We were planning to sell our house and move. They have not attached the house in this suit yet.Could you answer the following:
1. Should we sell the hosue quickly?
2. Are there any consequenses in doing that (avoiding liability etc.)
3. If it goes to court, and we can't pay, what happens? 4. There not my kids, but can they take my 401K or garnish our wages?
5. Once settled, can they come back for more years later?

My wife is having a nervous breakdown over this, any info will help. Thank you.

 

[JETX]

Q1. Should we sell the hosue quickly?
A1. If you want to.

Q2. Are there any consequenses in doing that (avoiding liability etc.)
A2. As long as the sale is not fraudulent (sale to brother for $100, etc), there shouldn't be any legal problems with a valid, legitimate sale.

Q3. If it goes to court, and we can't pay, what happens?
A3. The 'winner' will get a judgment against you and will be able to enforce the judgment, within the allowable laws.

Q4. There not my kids, but can they take my 401K or garnish our wages?
A4. Yes, no, maybe. In most states, pensions or retirement are exempt from seizure. Garnishment, yes, MA statute allows garishment of wages greater than $125 per week.
Maybe, your income or assets might be seizable with hers, depending on other factors (guardianship, custody, etc.).

Q5. Once settled, can they come back for more years later?
A5. Generally, no. This would be called Res Judicata, which prohibits a later trial of a matter already adjudicated.