I’d like to know if I am “attachment proof”?

Get Legal Help Today

 Secured with SHA-256 Encryption

I’d like to know if I am “attachment proof”?

I live in CA and my only income is SSA/SDI. My wife does not work, we do not own a home, and we have first liens on both our cars. We have computers and a television and DVD players, but mostly are of modest means. If I loose a small claims suit, is there anything that I have that can be attached? And can I be ordered into court to testify as to what I have? I’m disabled and cannot make it up the steps to the courthouse.

Asked on January 3, 2011 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are highly "attachement resistant" but not "attachment proof." That is:

1) You can be compelled to testify about what you own. The court and your adversary would have to make some accomodations to your disability, but you would have to testify or answer some other way (e.g. be videotaped under oath elsewhere, somewhere more accessible).

2) If you have money in the bank it can be garnished, even if it comes from SSA/SDI--the payments themselves cannot be intercepted or garnished, but if you're maintaining a positive balance in the account, that can be reached.

3) Personal property could be executed open.

4) There could be second liens put on cars, which could impact you later if first liens are paid off.

5) If a judgment is obtained against you, if you later come into money somehow (inheritance, lottery, etc.) the judgment could be enforced at that time.

You would seem to have less to fear than most, but that's not the same thing as having nothing to fear.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption