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    guardrail's Avatar
    guardrail Posts: 2, Reputation: 1
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    #1

    Jul 23, 2012, 01:40 PM
    I am on social security disability and being sued can they take my old car it's all I
    I live in bellevue Nebraska I have lost everything I am on social security disability And I'm renting an old trailer With me and my 2 boys who are 13 and a 18, I have a 1994 cadillac that is nt really worth anything. Can they take that car that I give my son a ride to school in?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 23, 2012, 01:42 PM
    Quote Originally Posted by guardrail View Post
    I live in bellevue nebraska I have lost everything I am on social security disability And I'm renting an old trailer With me and my 2 boys who are 13 and a 18, I have a 1994 cadillac that is nt really worth anything. can they take that car that I give my son a ride to school in?
    Creditors can't touch your SS income (unless the suit is for child support, spousal support, income tax, school loan).

    They don't want your car. If they get a Judgment they'll just keep it open as long as they can in the hopes your situation will improve and they can collect.
    guardrail's Avatar
    guardrail Posts: 2, Reputation: 1
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    #3

    Jul 23, 2012, 01:53 PM
    Quote Originally Posted by JudyKayTee View Post
    Creditors can't touch your SS income (unless the suit is for child support, spousal support, income tax, school loan).

    They don't want your car. If they get a Judgment they'll just keep it open as long as they can in the hopes your situation will improve and they can collect.
    thank you so much for your answer I am 53 years old and in bad health I've lost my house my truck and just about everything I own as long as they wouldn't take my car should I even go to court? I can't afford a lawyer and they will get the judgement. I have a summons the police are trying to serves me right now thank you
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    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 3, 2012, 05:39 AM
    Quote Originally Posted by guardrail View Post
    ... can they take that car that I give my son a ride to school in?
    Not unless it's worth over $2,500. Nebraska exemptions are listed here.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 3, 2012, 06:57 AM
    Quote Originally Posted by AK lawyer View Post
    Not unless it's worth over $2,500. Nebraska exemptions are listed here.

    I'm reading that site as exemptions when filing in bankruptcy - is it the same concerning judgments?

    Oh, wait, I can look it up myself.

    EDIT: I'm reading:

    "What kind of property is subject to a judgment lien under Nebraska law?
    In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

    In Nebraska, a judgment lien can be attached to real estate only (a house, land, or similar property interest)." http://www.nolo.com/legal-encycloped...ska-46844.html
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Aug 3, 2012, 08:49 AM
    Quote Originally Posted by JudyKayTee View Post
    I'm reading that site as exemptions when filing in bankruptcy - is it the same concerning judgments?
    ...
    Probably. Each state has certain exemptions from execution. These are applicable in bankruptcy, but they also are applicable with respect to writs of execution. I simply googled and that's what I came up with; it was easier than searching for the Nebraska statute.

    Whether a judgment creditor can file a lien is different from whether specific property is exempt from execution. I wouldn't expect that the creditor would have to perfect a lien before he/she/it could execute. Liens only are pertinent with respect to purchasers of the property from the debtor.

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