If I was involved in an accident and am sued but lose, can they put a lien against my home and vehicles or garnish my wages?

UPDATED: Sep 30, 2022

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If I was involved in an accident and am sued but lose, can they put a lien against my home and vehicles or garnish my wages?

I had an accident on an access road leaving work (private property) last year. I hit the other person from the rear going approximately 10 to 15 mph. The other vehicle had an extended reese bumper hitch causing damage to my vehicle and hardly any to theirs. The other person has filed personal injury claim (which I think is bogus because they have been at work everyday). The insurance company sent me a letter saying I might want to obtain a lawyer. I have 25 thousand liability on my insurance policy (they must be asking for more). I will not settle. I will also ask for a jury trial if not settled.

Asked on January 7, 2016 under Accident Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if you are sued and lose, then do not pay the judgment against you (or in this case, the amount of any judgment exceeding your policy limit), then the judgment creditor (the person who sued you and won) can try to collect in a variety of ways, including putting a lien on real estate or executing on personal property, including vehicles (that is, having a sheriff or court officer seize and sell the vehicles). However, in your state (North Carolina), there is no wage garnishment for this kind of case.

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