0
If someone files a lawsuit against you can they take all of your possessions if they win and you don't have enough money to pay at the time?
Wiki User
∙ 18y ago
Every state has laws that protect some of the debtor's property. For example, most states have something called a "homestead exemption" that protects a certain amount of the equity in your home. The types of property and amounts that the debtor can protect will vary by state. Certain Federal Laws also protect some of your assets as well. For example, a judgment creditor cannot garnish Social Security benefits. You should be able to get a more detailed list of federal and state exemptions at a local law library. It really depends upon the type of lawsuit, but in any case a person cannot lose everything they own. All states have established laws that allow a debtor/defendant to exempt certain personal and real property from attachment and sale by creditors or personal injury claims. Many states now have "caps" on the amount that can be recovered in personal injury or malpractice lawsuits, anyone involved in such a suit needs qualified legal representation. When it pertains to creditor lawsuits such as credit card debt, the debtor generally has more options and may not need to retain legal counsel. The inability to pay ones debts is not considered a valid defense against a creditor lawsuit, therefore the creditor/plaintiff prevails in 99% of such cases. In some states debtor exemptions are automatic, in others the defendant must file with the court those exemptions that apply, the homestead being the most important. If a homestead exemption is needed, the debtor must be certain that the primary residence is automatically protected under the state law or that a homestead declaration has been properly filed in the city or county recorder's office. It is always in the best interest of the defendant to obtain legal counsel and/or representation, most attorneys offer free or minimal fee consultations; in some cases the local legal aid society or a similar organization can be of assistance. To obtain more information about the state's exemptions and the method of filing, contact the clerk of the circuit court in the city or county where the lawsuit was filed. Court clerks cannot give legal advice nor comment on specific aspects of a case.
Wiki User
∙ 18y ago
Add your answer:
Earn +20 pts
What is a frivolous lawsuit?
When an inmate files a suit against the prison and its over a matter that isnt or legally a crime, someones oatmeal wasnt hot enough or something to that extent.
What reality should one be aware when filing an auto accident lawsuit?
There are many things that someone should consider when filing an auto accident lawsuit. The main thing to worry about is whether or not the damage was extensive enough to rack up court fees.
What is a criminal frivolous lawsuit?
When an inmate files a suit against the prison and its over a matter that isnt or legally a crime, someones oatmeal wasnt hot enough or something to that extent.
Can a person avoid civil lawsuit with bankruptcy in Pennsylvania?
Not enough information to answer. Avoid WHAT KIND of civil lawsuit? General answer would have to be - NO.
File lawsuit againt police?
you can contact your state governor and file a complaint with their office. if they feel you have enough evidence they will help file a lawsuit after some investigation has been done.
If you are in an auto accident and do not have enough insurance and have no money to pay if they sue you how will this effect a lawsuit against you?
Even if you have no insurance or money, someone can still sue you for damages. However, depending on the collection laws of your state, you may be "judgment proof," unable to pay any judgment rendered against you. A lawsuit may result in a judgment against you, which in essence is just a piece of paper that says you owe the plaintiff x dollars. But collecting on the judgment is a completely different animal. Frankly, I would never sue anyone with no insurance or money b/c it is not worth the time and money just to get a piece of paper that is uncollectible. Hopefully, the plaintiff trying to sue you will realize that. Good luck.
What is the procedure for borrowing plot?
You don't try to "borrow" plot from someone else. That's plagiarism, and you could end up with a lawsuit if you go that route. Make up your own plot that's different enough to be original.
How much debt do credit card companies consider enough to take legal action?
Most creditors base their decision to pursue a lawsuit against the debtor on how successful they would be at enforcing a judgment award. Needless to say larger debts are a priority, but not necessarily the critieria used for making such a decision as a lawsuit or arbitration action. If the debtor is employed in the majority of states wage garnishment is an option for the creditor and in such a case a lawsuit is feasible regardless of the amount of debt.
Can you borrow against your inheritance if your parents are still alive?
If you can find someone stupid enough to loan you money against such a long shot. Few lenders would consider such a risky proposition.
How do you answer a lawsuit?
Under Georgia law, an Answer to a lawsuit should respond count by count to the allegations in the Complaint. Proper responses are to admit, deny or state that you do not have enough information to respond to the allegation. The answer should be filed with the clerk of court and a copy of the answer should be mailed to the attorney or person who filed the lawsuit.
Who pays if sued for more than liability coverage?
If the amount of liability insurance coverage isn't enough to pay for the damage, the insurance company will only have to pay the amount of the policy. For the rest of the amount, a personal lawsuit can be brought against the responsible party.
How can a judgment be obtained against someone who has been paid in excess of 50k for a business partnership that did not take place?
The short answer would be that the plaintiff presents enough evidence to convince the court that the defendant/debtor owes the debt and therefore a judgment should be entered against him or her. There are never any guarantees of how a lawsuit will turn out, especially when it pertains to business dealings. The most convincing evidence would be for the plaintiff to have a written contract which guaranteed a return of the investor's funds if the business venture failed.
