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Loren, Attorney
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Experience:  30 years experience representing clients.
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If in a lawsuit a judgment is made against a person beyond

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If in a lawsuit a judgment is made against a person beyond his ability to pay, what are his options? Can either social security or a modest retirement annuity be attached? If the only asset is the person's home, can he be forced to sell his home to pay the judgment? Would he be able to bankrupt in this situation? Can a person keep his house if he choses to bankrupt?

If the judgement amount exceeds the person's assets then they are insolvent. If the onl assets are social security or some other pension then the judgment creditor is out of luck since almost all pensions are exempt form commercial creditor claims.

Your homestead is legally protected in most states and that makes it difficult for a creditor to attach it, but it is possible.

The protection afforded in bankruptcy depends on the equity the debtor has in the home and the state law.

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