Can a personal injury attorney go after my house to settle a case?
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Can a personal injury attorney go after my house to settle a case?
I was driving to work and was involved in an accident with a
bicyclist. The bicyclist hired a personal injury attorney and is
seeking an amount above what my auto insurance will cover. Hes
seeking 25K and my insurance covers 15K. I dont have assets
to cover the difference. If my only asset is my primary residence,
which I own outright, can the attorney go after my primary
residence to settle the difference of my insurance coverage? I live
in California if that matters.
Asked on September 26, 2018 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, if the plaintiff (the person suing you) wins in court and gets a judgment against you, ordering you to pay a certain sum and you fail to pay it, they can put a lien on your home as one way to get paid. They could also garnish your wages or salary, levy on any bank account(s) you have, or execute on (have the sheriff seize and sell) any cars or other valueable items you have and of which they become aware.
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