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sweetlady57 · Jan 27, 2011, 08:32 AM

I am being sued my house is paid off and in my name I am on disability and have a car can they take theses things

smoothy · Jan 27, 2011, 08:43 AM

Where do you live. Laws vary. But generally they won't take your house... but will put a lien against it for up to the full amount owed. Meaning they get theirs first if you ever sell it or you pass away and any heir gets get..

sweetlady57 · Jan 27, 2011, 08:53 AM

I live in North Carolina

excon · Jan 27, 2011, 09:00 AM

Originally Posted by sweetlady57

i am being sued my house is paid off and in my name i am on disability and have a car can they take theses things

Hello s:

They can take your car, and if you have ANY money in your bank account that didn't come from disability, they'll take that too. In fact, what they'll do is empty your account and leave it to YOU to tell them they shouldn't have.

excon

smoothy · Jan 27, 2011, 09:13 AM

As ex said... theycan go after most assets... including savings etc... there are very few things that are untouchible... and even those might be as well depending on who you owe. The feds can take tax returns... and can even so after SSI disability checks other debtors can't.

AK lawyer · Jan 28, 2011, 02:49 PM

North Carolinas exemption statue seems to be here.

The "homestead" exemption is $35,000 in value.
The automobile exemption is $3,500 in value.

You might want to look at the statute more carefully than I have, but generally they can sell the house and keep anything they get over and above the exemption amount. Same with the car.

Eddieo · Nov 17, 2011, 04:41 PM

Ok I owe About $18,000. On my new truck my house I owe more than its worth on mortgage. Can they take my car that I'm paying on and me still have to pay it off?

JudyKayTee · Nov 17, 2011, 04:43 PM

What State or Country? Yes, in many States the truck can be seized for the equity you have in it. Would a creditor bother? I have no idea. It's possible.

A LIEN would be filed against your house. That means whenever it's sold, they get paid second after the mortgage.

You cannot be sued in Small Claims Court for this amount of money. Are you sure the dollar amount is correct?

Eddieo · Nov 18, 2011, 02:51 AM

I live in Florida. I owe $18,000. On truck. MY house is free and clear but I am crrently putting a $100,000. Mortgage against it, hoping this will protect the asset. The Truck is worth 30,000. Nothing else is in my name.

smoothy · Nov 18, 2011, 09:46 AM

Who is going to loan you $100K dollars when you have a collection on your credit record? That will kill secured loan applications even from credit Unions if you have a big account balance with them.

My wife is a loan officer.

AK lawyer · Nov 18, 2011, 05:41 PM

Originally Posted by JudyKayTee

...
You cannot be sued in Small Claims Court for this amount of money. Are you sure the dollar amount is correct?

I don't think Edieo said the amount they were suing him for. The $18 K is how much he owes for the truck, leaving him $12 K equity. I don't think the automobile exemption in Florida is that high, meaning that when they get a judgment they could levy on and sell, it.