Legal Question in Credit and Debt Law in Virginia

Can a homeowner have his home/real estate attached to satisfy a medical debt?

Asked on 1/14/10, 8:18 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Yes, once there is a judgment, and assuming the property i's not owned as tenants by the entireties (or, if it is, if both spouses are liable on the debt by actual contractual agreement and not just by the doctrine of necessities/duty to support one's spouse).

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Answered on 1/19/10, 8:48 am
David Saiki Law Office of David M. Saiki

A creditor can attach equity in your home. But if your home is owned by both spouses with rights of survivorship, and the medical bill is for one spouse only, then the creditor cannot attach your home.

However, even if your creditor has a judgment lien against your home (because the tenancy by the entireties exemption does not apply for some reason) then you may still be able to reduce the size of the lien in a chapter 7 or chapter 13. Please call me for more information. Initial consultation is free.

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Answered on 1/19/10, 9:33 am

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