Legal Question in Personal Injury in California

Lawsuits and assets

I am getting sued because my dog bit the mailman. I do not own a house, and am still paying off my car (I have almost 4 years left on my loan. Can they take my car???


Asked on 8/20/03, 10:24 am

4 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Lawsuits and assets

Yes is a simple answer. However, not likely unless you have enough equity in your car that it would be worth their while to go after it. However, a judgment against you is good for ten years and then they can renew that judgment for another ten and another... They can also possibly sue the property owner depending on knowledge of dog on property and propensity of dog. Should call atty as quickly as possible to discuss. 800-685-6950

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Answered on 8/26/03, 11:40 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Lawsuits and assets

Do you have insurance that may cover the dog bite, like renter's insurance? If so, turn the matter over to the insurance company. If not, see a lawyer about negotiating a settlement. You may not have assets now, but if you're sued, the judgment will last for ten years and it can be renewed after that, with interest accruing on any judgment until you pay it.

There are exemptions covering some equity in your car, home furnishings, and some other items, but even if you are covered by these, your wages can be garnished and bank accounts seized.

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Answered on 8/26/03, 2:21 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Lawsuits and assets

Thank you for your inquiry and your posting.

If you are still paying on your car, the bank owns the car, not you. IF the plaintiff wins their lawsuit (hopefully you did file an answer, preventing a default judgment), and if you have equity in the car, they could theoretically buy out the loan from the lender and liquidate your car to satisfy the judgment. This would be very rare indeed, and there are many hoops to jump through from A to B.

Have you considered bankruptcy, or fighting the lawsuit?

I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I hope I can help in any way that I can.

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Answered on 8/25/03, 9:07 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Lawsuits and assets

It depends on how much equit you have in the car. You might wish to notify your insurance co.

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Answered on 8/25/03, 10:05 pm


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