What assets are exempt from seizure on default judgements?
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What assets are exempt from seizure on default judgements?
I am on disability and understand my disability checks are exempt from garnishments. I own a vehicle that is 14 years-old and was wondering if it is subject ot seizure, and are there any assets within my rental home that are exempt? In W.VA.
Asked on December 26, 2010 under Bankruptcy Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately for you West Virginia is one of the states in the union that has established less exemptions than most other states. While it is true that public benefits and assistance such as the disability benefits that you receive are exempt, it does not appear that your other assets that you have listed are exempt from a judgement creditor. You may instead want to consider speaking with someone regarding filing for bankruptcy, which may indeed provide more protection for you and your assets in West Virginia. I know that it may be a severe choice for you but if you have no other options then at least you have this one. Good luck.
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