I’d like to know if I am “attachment proof”?
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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 13 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.
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