Civil Court

[Lowrider000]

What is the name of your state? Tennessee
I have a aunt that is 70 and has had a stroke and draws 1100.00 a month for Social Securitie.She has a credit card debt of 3000.00
She was sued and was supposed to go to court,but she couldn't make it there cause of health reason.She has a house payment of 470.00 a month coming out of ur Social Securities and the rest for bills and food.Her check goes in her account thru direct deposit once a month.Will they take her house away from her or take all of her Social Securities money out of her bank account for this 3000.00 debt

 

[JETX]

"Will they take her house away from her or take all of her Social Securities money out of her bank account for this 3000.00 debt"
*** Your post refers to the filing of a lawsuit but makes no further mention. I assume that a judgment was rendered against her, correct??
The reason that is important is that the judgment creditor is allowed to take specific legal actions to enforce the judgment. These include garnishment of wages (where allowed), liens on property and even seizure of non-exempt property.

In her case, the income from SS is exempt from garnishment or levy. Tennessee provides the following exemption for homestead:
"Real property up to $5,000, or $7,500 for joint owners; life estate; 2-15 year lease. Spouse or children of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse."
Based on that (and her age), it is unlikely that the judgment creditor would take action against her home and will simply file a lien to be paid when the property is refinanced or sold. BTW, the judgment in TN is good for 10 years and accrues 10% annual interest.

 

[Lowrider000]

"Will they take her house away from her or take all of her Social Securities money out of her bank account for this 3000.00 debt"
*** Your post refers to the filing of a lawsuit but makes no further mention. I assume that a judgment was rendered against her, correct??
The reason that is important is that the judgment creditor is allowed to take specific legal actions to enforce the judgment. These include garnishment of wages (where allowed), liens on property and even seizure of non-exempt property.

In her case, the income from SS is exempt from garnishment or levy. Tennessee provides the following exemption for homestead:
"Real property up to $5,000, or $7,500 for joint owners; life estate; 2-15 year lease. Spouse or children of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse."
Based on that (and her age), it is unlikely that the judgment creditor would take action against her home and will simply file a lien to be paid when the property is refinanced or sold. BTW, the judgment in TN is good for 10 years and accrues 10% annual interest.

Im pretty sure a judgement was render against her since she didn't go to court
Can the creditor go into her bank account and get her money out.
She is a widow,Her husband died 10 years ago.She has 3 kids
What if the property is never sold and 10 years past by,what can the creditor do then.The house is worth about 60,000 and she have 5 years on it to pay it off.can she put the house in one of her Kids name..
Thanks for all your help

 

[JETX]

"Im pretty sure a judgement was render against her since she didn't go to court"
*** Very likely that the plaintiffs (creditors) got a default judgment against her.

"Can the creditor go into her bank account and get her money out."
*** Yes. If they can locate her account they can garnish (or levy) against it. She would then have to file a request for exemption since it was exempt funds.

"What if the property is never sold and 10 years past by,what can the creditor do then."
*** If that happens AND the judgment remains unpaid, it expires and is no longer enforcable.

"The house is worth about 60,000 and she have 5 years on it to pay it off.can she put the house in one of her Kids name.."
*** If they have filed a lien, no. And it wouldn't do any good, since the creditor could claim that the transfer was a 'fraudulent conveyence' done to remove the asset from the creditor.

"Thanks for all your help"
*** You're welcome.