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Question

I have been retired due to a medical condition that will ultimately end my life. This is from a service connected military injury. I have everything in order but have a couple of questions. 1. I am about to be forclosed on and lose my mobile home and acre of land. I don't mind this, but I have 2 vehicles that are paid for. If I put a co owner or a lean on these will they be protected from siezure. 2. Can they come after my disability? Thank You. W. Johnson

Submitted: 193 days and 8 hours ago.
Category: Intellectual Property Law
Value: $15
Status: CLOSED
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Posted by PaulMJD 193 days and 8 hours ago.

Answer

Just because you put a co-owner or lien on the vehicles now, the creditor would likely be able to defeat that by arguing it was a fraudulent transfer to avoid paying a debt. As far as your disability pension, this is secure and exempt from garnishment, but this does not stop the creditor for trying to seize your bank account where the disability payments are placed and then you would end up fighting in court to prove the money in that account is from a source that is not subject to garnishment. The best way to protect that is to make sure that the disabiltiy pension is the only thing going into that account, so it is much easier to prove the origin of the money in that account.


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193 days and 8 hours ago.

Reply

The leans on my vehicles have been in place for about a year, they are there to secure repayment of funds extended to me to keep me alive between the time that I retired and the time that my benafits kicked in. The money will never be paid back , it is way too much. When I die these are willed to the lienholder, this still will not surfice?

Accepted Answer

If there are liens on the vehicles for that, then the creditor would have a difficult time getting around those liens to seize the vehicles and the creditor would be second in line on the vehicles to collect anyhow, so they would leave them alone.

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Expert: PaulMJD
Pos. Feedback: 99.2 %
Accepts: 
Answered: 5/13/2009

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