Can I get in trouble for transferring title of my home before any legal action has been commenced ina possible lawsuit?

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Can I get in trouble for transferring title of my home before any legal action has been commenced ina possible lawsuit?

I had an auto accident in 01/10. It was my fault and the woman is trying to put a lien on my house. Can I transfer the title to my children?Nothing has been done yet but the lawyer is trying to contact me. Should i speak with a personal injury defense attorney? I’m in Morgan County, AL. 

Asked on July 24, 2010 under Bankruptcy Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so I am assuming that you were not insured. IF THAT IS INCORRECT PLEASE NOTE: you should have advised your insurance company immediately but you still need to do so now! You are owed a defense under your policy. Yes, go and seek legal help immediately. 

The way your question is worded confuses me.  You state that the woman is trying to put a lien on your house, which indicates to me that there has already been a judgement against you.  But then you state that nothing has been done the lawyer is trying to contact you.  Do you mean that no lien has yet to be filed or that no lawsuit has yet to be started?  The title transfer, if done in such a way as to avoid a pending judgement, can be set aside. It all has to do with the time frame of everything.  Your attorney can best advise you as to the law in your state.  And the attorney can advise you as to the best way to handle a judgement with the assets you possess.  Good luck.     


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