If my mother is being sued by a rehab center and I live with her, once a judgment is obtained how do I protect my belongings?

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If my mother is being sued by a rehab center and I live with her, once a judgment is obtained how do I protect my belongings?

My mother has home hospice. I am not working, I am my mother’s 24 hour caregiver. We are both on lease of rented apartment. If their is a judgement against her, how do I protect my belongings. I paid for the TV, DVD, computer, books, Cd’s, etc. years ago. How do I keep them from taking my things. We both live off her disability income now. I don’t know if I should apear at summons or not, or wait for exemption papers. Can they touch her disability check of $487 and SS of $1089?

Asked on October 4, 2011 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your mother is sued for money by a rehab cenbter, you have nothing to worry about as far as your own assets because the lawsuit would not be against you. The lawsuit would be against your mother.

Your mother's assets would be subject to a possible judgment, not yours. I would call your local "legal aid" clinic to see if it can give you further advise about your mother's situation. I would answer the lawsuit for your mother and try and negotiate some form of a monthly payment for your mother. The disability and social security checks of your mother would be exempt from any levy by a judgment creditor. However, once the checks are placed in a bank account of your mother, the exemption from a judgment levy would be lost.


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