What assets are exempt from seizure on default judgements?

Get Legal Help Today

 Secured with SHA-256 Encryption

What assets are exempt from seizure on default judgements?

I am on disability and understand my disability checks are exempt from garnishments. I own a vehicle that is 14 years-old and was wondering if it is subject ot seizure, and are there any assets within my rental home that are exempt? In W.VA.

Asked on December 26, 2010 under Bankruptcy Law, West Virginia

Answers:

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

Answered 10 years ago | Contributor

Unfortunately for you West Virginia is one of the states in the union that has established less exemptions than most other states.  While it is true that public benefits and assistance such as the disability benefits that you receive are exempt, it does not appear that your other assets that you have listed are exempt from a judgement creditor.  You may instead want to consider speaking with someone regarding filing for bankruptcy, which may indeed provide more protection for you and your assets in West Virginia.  I know that it may be a severe choice for you but if you have no other options then at least you have this one.  Good luck.


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