Two brothers are selling a home they inhertited from Mom. Now a lawsuit was started after the sale began.?
The suit is against one brother. Now both brothers have nothing other than the home they are selling and the one being sued actually lives in the home. There are no assets or accounts ,nothing. The suit is for a car accident that is a bit iffy at the least. The brother really wasn't at fault, but plead out to a minor negligence count. Can the plaintiff file an ATTACHMENT BEFORE JUDGEMENT and stop the sale?? The sale was going on before the suit. so its not an attempt to liquidate or anything. and if this attachment was done it would create great hardship on both brothers ,this would have to be done WITHOUT a judgment. MARYLAND
2 Answers from Attorneys
Two questions in one. It depends. Since there are two time lines going on I would need dates and where matters are in the processes. That said, you say it was minor negligence and so this case focuses more on the damages. Contact me since there's several moving parts.
Attachment before judgment is a procedure only available in limited circumstances, generally when the defendants are out-of-state or otherwise pose a risk of taking assets and running. In a routine, run-of-the-mill automobile accident case with defendants in state and insurance coverage it is unusual.
You are strongly encouraged to seek legal counsel who can review both the pending lawsuit and the attachment request. Note that an interest in the house may or may not be attachable at this point, depending on the circumstances. If the house is still titled in the name of the decedent and/or the estate, it may be beyond the power of the plaintiff/creditor to affect the sale, though it is not clear from your post exactly how the home is titled.
While I hope this general information helps, it doesn't substitute for a private legal consultation.