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Home > Law > Other Law   »   Paying Judgement before home is taken

 
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Old Jun 17, 2006, 08:53 AM
GJC6464
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Paying Judgement before home is taken

CONFUSED Hi!!! I just joined "askmehelpdesk" because I am seeking ANY possible answers to my question. I have a judgement against my home that my significant other of 26 years was named in. He passed away and now I am the only one left. I have been told that 5 years from the original date of judgement (which will be Nov 21, 2006) that the attorney who got judgement can evict me from my home and sell everything out from under me. I am a 100% service connected permanent and total disabled veteran. I live in TN. I have also been told according to US Code Title 38 as long as I have no other income that the attorney cannot do anything as long as I am living. I am trying to do something before that date but I don't want it to be the wrong thing. ANY information concerning this matter would be GREATLY appreciated!!! Sincerely,
GJC6464

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Old Jun 17, 2006, 09:33 AM   #2  
excon
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Hello GJC:

Well, I'm just slightly less confused. But, not knowing squat about something has never stopped me before.... By the way, thank you for your service.

I suggest that you have a lien on your home stemming from the judgment. Given what you've said, and depending on how title to your home is held, and depending on his will, and a lot of other stuff, YOU may not be obliged to pay the judgment. Secondarily, even if the lien is legit, I don't believe they can evict you and sell anything. When, and if, you sell the home, they can collect. But not before. IF he could levy on your income, he would have done so long before now.

And, good for you for not making a decision before you're armed with the facts. Since this is probably the largest single asset you own, you should vigorously defend it. I highly recommend that you consult with an attorney. What you have been "told" may or may not be accurate, but if it were me, I would get it from the horse's mouth.

But what do I know? I am a convicted felon after all.

excon
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