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Lawgirl
Lawgirl, Lawyer
Category: Legal
Satisfied Customers: 4606
Experience:  I am an attorney familiar with the above-stated subject matter.
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If you are in a law suit and home owners insurance doesnt

Customer Question

If you are in a law suit and home owners insurance doesn't cover it and we don't have any money at all what will happen
Submitted: 6 years ago.
Category: Legal
Expert:  Lawgirl replied 6 years ago.

Lawgirl :

What state are you in?

JACUSTOMER-a0zhxe1z- :

Oregon

Lawgirl :

What are you being sued for?

JACUSTOMER-a0zhxe1z- :

I don't want to go into details I just want to know if home owners insurance doesn't cover the lawsuit and we don't have anything what will happen

Lawgirl :

According to ORS 12.070, a civil judgment rendered by the court of the State of Oregon is enforceable for a period of ten (10) years. This means that for ten years, the person holding the judgment can seize your assets and/or garnish your wages to satisfy the judgment.

Lawgirl :

If insurance does not cover it, you will be held personally responsible for satisfying the judgment.

JACUSTOMER-a0zhxe1z- :

when you say seize your assets what does that mean we are on sss

Lawgirl :

Then there may be no assets to seize. However, if you were found to have anything of value, the judgment holder may attempt to force its sale to recover on the judgment.

JACUSTOMER-a0zhxe1z- :

who is the judgment holder

Lawgirl :

the person who wins the lawsuit or judgment against you.

Lawgirl :

The person suing you (in the event they win the lawsuit).

JACUSTOMER-a0zhxe1z- :

so that means they could take our car

Lawgirl :

Yes, a car could be considered an asset.

JACUSTOMER-a0zhxe1z- :

and they could keep taking things for 10 years

Lawgirl :

Yes, they can pursue collection for as long as the judgment is valid until it is paid.

JACUSTOMER-a0zhxe1z- :

so what do they do come over to our house and just take our stuff

Lawgirl :

No there is a process through which they may ask the court's assistance in enforcing the judgment.

Lawgirl :

They do not just randomly take your stuff. There is a debtors examination whereby you have to disclose to the court all of your accounts and assets. The court also requires the judgment holder to get an order to take assets to satisfy the judgment.

JACUSTOMER-a0zhxe1z- :

When you say accounts is that bank accounts

Lawgirl :

Yes.

JACUSTOMER-a0zhxe1z- :

So how can they take your vehicle what do I drive then

Lawgirl :

They can take whatever asset they deem necessary to satisfy the judgment. To the extent that you would oppose the seizure of a certain asset, you could fight it at that time.

Lawgirl :

(Assuming that there is a legal basis upon which to fight.)

JACUSTOMER-a0zhxe1z- :

what about paying them $50.00 a month do you think that would be acceptable

Lawgirl :

I have absolutely no basis or information to know whether that would be reasonable or acceptable. It depends on the litigation and the person who is holding the judgment.

JACUSTOMER-a0zhxe1z- :

oh

JACUSTOMER-a0zhxe1z- :

I will be asking more questions later

JACUSTOMER-a0zhxe1z- :

What is consider assets

Lawgirl :

Items that you own that are worth money and do not have money owing on them or are not encumbered by liens.

Lawgirl :

Are there any other questions I can finish answering for you? I will be logging off soon.

JACUSTOMER-a0zhxe1z- :

I gave the wrong credit card number can I do it again

Lawgirl :

Perhaps by going to the "your account" tab. I do not handle billing matters. I merely answer legal queries.

JACUSTOMER-a0zhxe1z- :

ok

Lawgirl :

I have forwarded your questions to customer service

JACUSTOMER-a0zhxe1z- :

We were planning to transfer our tiltle in my son's name because we are getting our will ready will we get in trouble for doing it because of the situation


Lawgirl and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
I did not accept the answers why did they take it out of my account she did not answer all my questions
Expert:  Lawgirl replied 6 years ago.
I believe I did answer all of your questions, but if you require more information, please let me know.
Customer: replied 6 years ago.

We were planning to transfer titles to our children will this be a problem wiith our situation

 

Expert:  Lawgirl replied 6 years ago.
I am sorry. My screen indicates that a response was given. My apologies if you did not receive it.

It is generally not a good idea to transfer title to a property that is the subject of litigation. Additionally, there is the potential that such a title change may be used against you. However, it is in your best interests to consult with a local attorney who knows the facts of your case and the subject-matter of your litigation to give you further guidance on how transferring title may affect your lawsuit.
Customer: replied 6 years ago.
We don't know for sure about the situation our home insurance might pay for it we do not know yet so we thought we should do it in case it does happen also the law suit is in my husbands name and the car titile is in my name from my folks
Expert:  Lawgirl replied 6 years ago.
If the home is not paid off, transferring title may have other ramifications from your lender. If the home is paid off, you may look like you are trying to avoid a lien on the judgment. If you are concerned about the ramifications of the litigation, it would be a good idea to speak to a local attorney about whether you can transfer title and what assets, if any, a potential judgment could touch.
Customer: replied 6 years ago.
Would my car be safe because the title is in my name the lawsuit is in my husbands name
Expert:  Lawgirl replied 6 years ago.
I would need to know more about the lawsuit to answer that. Given the limited information that I have regarding the case and the boundaries of the Terms of Service on this website, I really cannot give you black and white answers in such a vague context. I am sorry.
Customer: replied 6 years ago.
Thank you for your help
Expert:  Lawgirl replied 6 years ago.
No problem.

Best of luck to you.