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  #1  
Old 07-21-2003, 07:34 PM
cloverleaf
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Unhappy

being sued, Please Help


What is the name of your state? ok
Iam being sued by capital One. The house that I live in is built on leased land.The land is in my husbands mothers name. We have no deed to the house.We pay the property taxes just on the house It is listed under my husbands name. My husband draws Social secerity and VA.My name is on the checking account .We have 2 cars.72 ford pickup and a 93 toyota car and those are in my husband name.Plus our house hold stuff.Iam the one being sued not my husband.I know that Iwill have a judgement on me.Can they get anything?
  #2  
Old 07-21-2003, 08:00 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If you have no assets in your name, then there's nothing they can take. Your state's exemptions should protect your personal property from siezure so you're not likely to lose a thing.

The checking account with your name on it is vulnerable, they could levy that. Your husband's sources of income are 100% exempt, but if they're in that bank account and they sieze it, you'll have to prove that whatever portion taken is that of your husband's exempt income. They'll take it.. you'll have to fight to get it back. Hopefully you have proof to show what funds are his and what funds are yours - if any.
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  #3  
Old 07-21-2003, 08:55 PM
cloverleaf
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social security


The Va is his military retirement But the social security disablity that he gets is for himself the kids and me.but wouldn't all be exempt?
  #4  
Old 07-22-2003, 07:35 AM
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Join Date: Feb 2002
Location: Nashville,TN
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VA and SS are all exempt income, yes.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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