Legal Question in Personal Injury in Illinois
Being Sued - Lien Placed on House
I am being sued due to a car accident. My insurance expired, and presently I have been represening myself pro se. If the other party is awarded damages (they are stating damages of $7,500) - since I am not presently working and wages cannot be garnished - can a lien be placed on my home if they are granted this award; if so what happens next.
4 Answers from Attorneys
Re: Being Sued - Lien Placed on House
In the event judgment is granted against you, and in the further event that the other party has a transcript of the judgment recorded with the recorder of deeds in your county, a lien is in fact created against all real estate owned by you in the county. It is possible, but unlikely, that the lien will be levied upon, in which case the mortgage holder gets paid first, then you get to keep $7500, being the homestead interest in Illinois, and the judgment creditor keeps the rest of the money raised by the sheriff at the sale. You could lose your house, but most creditors do not push a lien this far. It is an expensive and time consuming thing for the other party to do. But it CAN happen.
Re: Being Sued - Lien Placed on House
Yes, in short. The long story is even if they chose to foreclose, you would likely be given an opportunity to come up with the money such as, for example, through an equity loan in your home.
Re: Being Sued - Lien Placed on House
If you are defending your self pro se, it is unlikely that you will ever win or will have a chance to reduce the amount of damages. It is to your advantage to conslult a lawyer before it is too late.
Nima Taradji
Re: Being Sued - Lien Placed on House
If a judgment is rendered against you and recorded in the Office of Recorder of Deeds, the possiility exists that the home may be sold to satisfy the judgment.