Q: I plead guilty to 2nd Degree Assult (To try and move on without trial). I'm now being sued for an injury.
Will I loose my house and car? Everything is owned by my wife and I.
If he wins do I have to pay right away. I only get a little military retirement and va disability. Do the courts allow payment plans?
A: Who is suing you, your spouse or a third party? If a third party, how do you hold title to your car and house with your spouse? Typically, spouses hold title to real property as Tenants by the Entireties, and as such, a judgment obtained against just one of them cannot attach against property titled in this manner, so the house is safe. You might want to have your wife open a separate bank account in her sole name and transfer all your joint account money into her sole account to put those funds out of reach. Retirement accounts in your sole name are exempt from attachment. A judgment against you cannot attach or be enforced against your wife. I assume you have home owner's insurance, so you should be calling your insurance company and reporting this claim against you--believe it or not, your homeowner's insurer may very well cover this claim, including paying for a lawyer to defend you and paying any settlement or judgment. In particular, if there is any claim of negligence in the suit againt you then they must defend you.
A: I am unclear who is suing you, however, if you have homeowners' insurance, depending on the circumstances, you should reach out to them directly. Otherwise, you should hire a Maryland attorney immediately to defend against the action. You may also have certain exemptions to protect your retirement from garnishment.
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