I was on a jury last week and I've been wondering about this ever since. What happens if someone sues you and they are awarded some crazy amount of money (we'll use $300,000 for this example) and you honestly don't have any money? Will they put you in jail? Make you sell anything you might own? What if you don't own anything? I know someone on here is bound to know the answer!
well, Ron Goldman's family won a gazillion dollars in the civil suit against OJ for murdering him and his ex wife....but they are still waiting on it. I know OJ had to liquidate some things for cash (according to the media) but they never got anywhere near the $$ amount awarded. Can't drain blood I reckon....
I have no personal experience, but I believe they have dibs on your future earnings. So as in Kell's example, any money OJ makes is supposed to go to the Goldmans until that debt is paid.
Well that's good to know because I am pretty sure the defendant is retired so the scumbag that sued him won't get anything (I hope). The plantiff was only rewarded a little over $2,000 but to a retired person with no income that could be a lot of money.
They take your kids! they can have mine today with all the he hit me she looked at me crap! sorry had to say it.
They cannot take your earnings, nor any "exempt" property if you claim your exemptions properly. They have to send you a notice of right to claim exempt property before they can execute on a judgment. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1C/GS_1C-1603.html You have 20 days to fill out the claim of exemptions, and file it with the court and serve it on the judgment creditor. Exemptions you can claim include $18,500 in value in your residence; $5,000 in household goods and personal effects; $3,500 in one motor vehicle; $2,000 in tools of the trade. In each case, "value" means what it's worth over and above any liens on the property. If you fail to file your claim of exemptions within the time allotted, you lose that opportunity. They cannot touch your Social Security, Workers Comp benefits, and a few other items. For married couples, a creditor of one of them cannot take real estate that is owned by both of them together, however much it may be worth.
you can't squeeze blood from a turnip. Ever wondered why people who hain't stuff, don't give a stuff?.!!!
Is that a real option? I mean, it seems to defeat the intent of the judgement. I don't know-that's why I'm asking.
Yes, that is a real option. And yes, it does defeat the intent of the judgment; however, if the debtor has non-exempt property, they will lose that in bankruptcy anyway. Unless they file Chapter 13 and pay for it.
If the one sues files Chapter 13 before you go to court...but they list it on the chapter 13 but don't pay the creditor anything...can the creditor file suit again after the chapter 13 is discharged?
