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    angelz328's Avatar
    angelz328 Posts: 5, Reputation: 1
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    #1

    May 17, 2007, 11:44 AM
    Judgement and vechile
    My husband may have a judgement put against him, we own 2 cars which are in both names but he is on socical security disability. Can the cars be touched if there is a judgement? We live in Illinois.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    May 17, 2007, 06:29 PM
    I guess technically they could but it's very unconventional. The most common way of collecting a judgement is to garnish income sources. In your husband's case that'd be his social security disability.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 17, 2007, 07:18 PM
    I have never known of any that have attached a auto, it is not allowed in many states but I will assume allowed in a few places.

    As noted after they get a judgement they can normally attach your bank accounts, the other is to garnish wages ( I am not sure that SS disability can be garnished)
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #4

    May 17, 2007, 08:08 PM
    SS is safe and can't be attached or garnished. Did the judgement have anything to do with either car, like an outstanding loan?
    1badchoice's Avatar
    1badchoice Posts: 227, Reputation: 45
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    #5

    May 17, 2007, 08:50 PM
    If an auto was used as collateral then the item could be attached... meaning a lien placed on it. I'm not completely sure about auto's being attached if they are not the actual collateral used to secure the debt. To be on the safe side, I would ask a local lawyer who might do a free consultations or place the vehicle's in your name only. As for SS being garnished... there are a few exceptions to the rule. SS can in fact be garnished for federal student loans left unpaid. I'm guessing it would also be so for any unpaid back taxes. Other than those instances I don't believe it can be attached. Be aware that I am not 100% sure on this issue. Cathy
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