Can a defendants home become part of a settlement payment in georgia

UPDATED: Oct 1, 2022

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Can a defendants home become part of a settlement payment in georgia

My brother in law is in a criminal and civil suit regarding an auto accident with
a death involved. His home is paid for can he be made to sell that home for
payment in a settlement

Asked on January 21, 2018 under Criminal Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) A settlement is voluntary: he can agree to sell his home and turn over the proceeds as part of a settlement, and if he agrees, that agreement is enforceable.
2) If he does not voluntarily settle but loses the lawsuit and has a judgment against him, if he does then pay the judgment or at that point work out some mutually acceptable settlement, the plaintiff (person who sued him) can put a lien on his property, which would have to be paid before he could sell or transfer the property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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