Legal Question in Credit and Debt Law in Virginia
Judgement was awarded against me. Attachments?
If I have my name on a vehicle title with someone else,can the vehicle be attached and what about bank accounts? If my net worth is Zero (0),( I cannot pay ) what other options does the person have to collect? The person has been awarded judgement. I choose not to appeal. It was a small claims court. Judge was very informal.Judgement was based on his opinion.Thank you,--name removed-- --name removed--
1 Answer from Attorneys
Re: Judgement was awarded against me. Attachments?
They can take the car, subject to whatever interest the other person has (i.e., they can sell it and give the other person their share, which is presumed to be half). Same with bank accounts. Your net worth is not the issue, as that is assets minus liabilities. It is your assets and your income that can be attached.
There are certain exemptios available. For example, you can keep up to $2000 equity in a car, $1000 worth of clothes, $5000 of household goods, and $5000 of any property (the latter of which has to be done by homestead deed). But whatever assets you exempt, a creditor can always attach your wages (25% or the excess over 30 x the minimum wage per week, whichever is less).
To stop them, you can either pay the judgment or file bankruptcy.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
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