Civil Lawsuit

[Terrel]

In Alabama, can a civil lawsuit take my financed home or car?

ANSWER: Dear Greg,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question was "In Alabama, can a civil lawsuit take my financed home or car?".

I presume that you mean to inquire whether a judgment against you can be enforced by seizing  your property when it is subject to a lien from the dealer, your bank, etc.

My opinion is, probably yes.  

Generally, what happens is that the judgment creditor executes a writ with help from the sheriff, seizes the property, and the property is sold at auction and the secured party is paid off first.  Whatever proceeds remain thereafter are conveyed to the judgment creditor, up to the amount of the judgment plus costs, etc.  

Here's some discussion you might find helpful:http://forum.freeadvice.com/banking-credit-cards-18/judgement-seizure-101643.htm

You may do well to consult with an attorney licensed to practice law in your state to help you find the proper statute and case law on the subject.  You may also be helped by a bankruptcy attorney.

I hope this helps, good luck to you.

Morgan Smith

SMITH & RAVER LLP

Minneapolis, Minnesota

smith-and-raver-llp.biz

Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

---------- FOLLOW-UP ----------

I didn't word my question correctly. I am being sued by someone that co-signed on a loan with me. My home or car have nothing to do with the loan. My home is financed with a bank and my car with a finance company. If I lose the civil suit concerning a completely different(unsecured) loan, can a judgment be rendered against my home or car? Thanks for you opinion.

[Brewster]

Hi again Greg,

The same rules and limitations to this follow up apply as I set forth in my earlier message.

My opinion remains, probably yes.

If an opponent gets a judgment against you for whatever, they can enforce their judgment as I set forth with help of the sheriff, etc.  That action may include seizure of your car, a lien on your house, etc.

I hope this helps, good luck to you.

Morgan Smith

SMITH & RAVER LLP

Minneapolis, Minnesota

smith-and-raver-llp.biz

Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law