First, there are exemptions to what property can be attached and sold to satisfy a judgment. At this time, I believe that up to $50.000.00 in your home is exempt from execution to satisfy a judgment (if the property is not her home, then this exemption would not apply). I do not know the amount that you can own in a car that is exempt, but there is an exemption for cars. Only her interest in property that is co-owned is subject to execution on a judgment. For example, if she co-owns a car worth $10,000.00, then the car would be subject to execution only up to $5,000.00, which may be below the exemption. Same thing with real estate. In theory, I suppose the court could order that a car or real estate be sold to satisfy the judgment, and apply to the judgment only that percentage of the sales proceeds as the percentage ownership your mother has in the property. Most cases settle within the insurance policy limits, and there are a number of hoops that the Plaintiff must go through before it gets as far as selling property.
Answered on Mar 01st, 2013 at 1:58 PM