Have Legal Questions? Ask a Lawyer Now.
What state are you in?
What are you being sued for?
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
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.
If insurance does not cover it, you will be held personally responsible for satisfying the judgment.
when you say seize your assets what does that mean we are on sss
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.
who is the judgment holder
the person who wins the lawsuit or judgment against you.
The person suing you (in the event they win the lawsuit).
so that means they could take our car
Yes, a car could be considered an asset.
and they could keep taking things for 10 years
Yes, they can pursue collection for as long as the judgment is valid until it is paid.
so what do they do come over to our house and just take our stuff
No there is a process through which they may ask the court's assistance in enforcing the judgment.
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.
When you say accounts is that bank accounts
So how can they take your vehicle what do I drive then
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.
(Assuming that there is a legal basis upon which to fight.)
what about paying them $50.00 a month do you think that would be acceptable
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.
I will be asking more questions later
What is consider assets
Items that you own that are worth money and do not have money owing on them or are not encumbered by liens.
Are there any other questions I can finish answering for you? I will be logging off soon.
I gave the wrong credit card number can I do it again
Perhaps by going to the "your account" tab. I do not handle billing matters. I merely answer legal queries.
I have forwarded your questions to customer service
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
We were planning to transfer titles to our children will this be a problem wiith our situation