QUESTION
Are my husband’s wages at stake if we got married after I got sued?
Asked on Mar 14th, 2014 on Personal Injury - Colorado
More details to this question:
I am being sued for a car accident I had almost two years ago. I have had a deposition last week and the plaintiff's attorney has assured me that I will get in trial. My auto insurance policy was limited at 30K at the time of the accident, and the driver and passengers of the car I rear ended claim medical bills of over $100,000 plus loss of work, emotional distress, etc. My only assets are a condominium, which is homesteaded and a modest wage. At the time of the accident I was single but I have got married soon after being sued. If a judgment is reached against me is there any way my husband's wages are at stake? Can they put a lien on my house if it is homesteaded? How can I protect myself and my husband against any excess judgment?
7 ANSWERS
James Eugene Hasser
Your husband is not liable for your negligence.
Answered on Mar 17th, 2014 at 4:39 AM
Ronald A. Steinberg
Your husband was neither the owner nor the operator of the car. None of his assets are involved.
Answered on Mar 17th, 2014 at 4:38 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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I do not see any reason why your husband will be liable for a Judgment based on an event that occurred prior to your marriage. No attorney in the right sense will get an excess Judgment ,unless there are significant assets. However, if the insurance company did not tender your policy timely, the attorney may go for an excess Judgment. In that case you will need to seek your own private attorney to deal with the insurance company for a potential "failure of duty to defend and indemnify".
Answered on Mar 14th, 2014 at 10:49 PM
NA richard@jandjlaw.com
Probably not.
Answered on Mar 14th, 2014 at 10:36 PM
Thomas Edward Gates
Only your assets are exposed by a judgment. You might want to declare bankruptcy to discharge any judgment. You may be able to do so before trial and then be over it.
Answered on Mar 14th, 2014 at 10:34 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your husband's wages should be safe, however, they can place a lien against home, even if its homesteaded. Bankruptcy is always an alternative, but I would speak to an experienced bankruptcy attorney prior to filing.
Answered on Mar 14th, 2014 at 9:50 PM
3 Awards
Talk to the insurance attorney or their representative about this. I would put this question in writing. Get their response in writing. The insurance company has a duty to protect you the best they can. Find out why they have not settled. In writing. This advice does boil down to talk to your lawyer. But it is often good to have things in writing.
Answered on Mar 14th, 2014 at 9:48 PM