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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28047
Experience:  10+ years defending Misdemeanor and Felony cases.
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I defended myself against an attacker who had been making

Customer Question

Hello, I defended myself against an attacker who had been making death threats against me. I put him in the hospital. The state has charged me with reckless injury, reckless endangerment, and aggravated battery. That criminal case is not my question. It appears to me that he is setting himself up a civil suit against me for medical bills and lost wages. My question is, can he take my house? I live in Wisconsin.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I live in Wisconsin as I already stated
JA: Has anything been filed or reported?
Customer: Not yet. His victim statement appears to be setting the table for it, and a private investigator has left messages. My criminal lawyer says it would be his investigator and not talk to her
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if I am acquitted on the criminal charges, but lose the civil case, can take my house? I am in the middle of a divorce and I was going to get the house, but if he can take it, it may be better to give it to soon to be exwife
Submitted: 10 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 10 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 10 months ago.
So what do you think?
Expert:  CrimDefense replied 10 months ago.

Good morning. I certainly understand the situation and your concern. It is unlikely that he will be able to take your home. I say this because he would first have to file a civil suit against you and prevail. Once he gets a judgement, you would then be expected to pay it. If you then failed to pay, he would have to place a lien on the home, to secure the judgment. Then, he would have to go back to court and ask the Judge to force the sale of the home, to satisfy it. Also, if there is a homestead exemption on the home, additional protection should be afforded, to prevent the sale.

Customer: replied 10 months ago.
There isn't a homestead exemption that I'm aware of, so he could force the sale then
Expert:  CrimDefense replied 10 months ago.

I think it will be VERY hard. A Judge is not inclined to force and kick you out of your home, over this, leaving you with no place to live. Could he try it if it got to that point? Yes. Will a judge to it? It is going to be hard

Customer: replied 10 months ago.
If I'm convicted of any of the charges is the civil suit a gimme?
If I leave the area to avoid the stigma this case has brought on me, the judge would be far more likely to force the sale?
Expert:  CrimDefense replied 10 months ago.

If you were to lose the criminal case, the prosecutor would ask that the defendant be awarded and given restitution, to be made whole. As such, they likely would not file a civil lawsuit if you were ordered to pay their medical bills and costs incurred, as a result of this.

Expert:  CrimDefense replied 10 months ago.

Moreover, leaving the area would not likely trigger the Judge in being more likely to force the sale. If you were sued and failed to answer, they would get a default judgment and then expect you to pay and proceed as I shared above. They may not go after the home at all, so that is something which you would need and want to address if it ever came to that

Customer: replied 10 months ago.
Could he make me sell the house to make him whole?
Expert:  CrimDefense replied 10 months ago.

He can not make you sell anything. It would only be through a court order. If you were found guilty in the criminal case, the restitution would be a part of your probation, which you would be required to pay monthly.

Customer: replied 10 months ago.
What happens if you refuse to pay restitution?
Expert:  CrimDefense replied 10 months ago.

Then you would be in violation of your probation and it could be revoked and you would have to serve time in jail.

Expert:  CrimDefense replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 10 months ago.
Site keeps erroringout
Expert:  CrimDefense replied 10 months ago.

I am still here. Please let me know what else I can answer.