what can they get?

UPDATED: Sep 30, 2022

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what can they get?

I am responsible for an accident that caused major injuries. I had insurance but I am being sued for additional monies. I live on a fixed income and I live in a home that is 43 years old. The house is paid for and I have 1 acre of land. What can happen if I go to court? I live in Louisiana

Asked on July 24, 2017 under Personal Injury, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they sue you and win, they will get a court judgment against you. If you do not pay that judgment, they can take various collections actions against you. They could a lien on your home, which lien would have to be paid off if/when you sell and which can sometimes (if they go to court again and get a court order) force you to sell the home. They could levy on, or take money out of, any bank or brokerage accounts other than retirement accounts. They could execute on (have a sheriff seize and sell) any vehicles or other valuable personal property you have and they identify. And while most forms of fixed income (e.g. pension or social security payments) are protected from creditors, since you do not identify the form of income you receive, it is not impossible they could garnish your income.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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