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BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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I am being sued for 1 million dollars from an AA in which I

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I am being sued for 1 million dollars from an AA in which I rear ended a car that had stopped to make a turn. The driver fractured his nose but was not wearing a seat belt. There are 2 witness's. Can they sue me for my primary home if they are not adequately compensated through my car insurance. I have no other assets.
Submitted: 6 years ago.
Category: Legal
Expert:  BizAttorney replied 6 years ago.

It depends on how much your home is worth. In New York, IF YOU'VE FILED YOUR HOMESTEAD with the county recorder. The exemption for a homestead is limited to $125,000 if the property was acquired within the previous 1215 day (3.3 years). The cap is not applicable to any interest transferred from a debtor's previous principal residence (which was acquired prior to the beginning of such 1215-day period).


So while you are being sued for that dollar amount (even though their damages are not likely to be that high), your home is protected from creditors (including judgment creditors) up to the amounts listed above. Good luck!

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