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bender85

Junior Member
What is the name of your state (only U.S. law)? Ill

If someone sues can they touch your only means of income your retirement IRA that you draw on for your monthly survival? Can you be forced to sell your home if you have a small amount of equity? Also how good are the umbrella insurance policies when defending you?
 


quincy

Senior Member
Are you being sued for defamation? And, if so, explain the situation in more detail?

What was said can determine what can and can't be done, in some cases.

Insurance policies are good for covering the damages awarded in a lawsuit.
 

bender85

Junior Member
No suit that I'm aware of but just trying to get an idea of what I'd be up against if I was. There have been statements made to me by a neighbor about the conduct of others and their kids. I stated my opinions
 
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quincy

Senior Member
Thanks for explaining your situation.

First, it does not sound like you will be sued for defamation, based on what you described in your post and based on the fact that defamation actions cost thousands and thousands and thousands of dollars to pursue. They are rarely worth the time, effort and money unless the reputational injury suffered is so severe and so easily demonstrated that an action makes sense.

Nothing really prevents someone from attempting to sue, however, so if the person defamed is the litigious sort, you are wise to be concerned.

If you are seriously worried that you will be sued for defamation, and you believe you have enough assets to warrant the expense of an umbrella policy, it would be wise to have this additional liability coverage. Consult with your insurance agent for details.

As for the IRA and house, any asset can be targeted in a judgment. Some assets targeted may be exempt, however, and others may be denied by the court. IRAs, for the most part, cannot be used to satisfy a judgment, although state laws vary on this, and you would need to consult with an attorney in Illinois. Houses can have liens placed on them, to satisfy the judgment when the house is sold, but a sale cannot be forced.

I would have a brief consultation with an attorney, and review your situation with him. He can give you a better idea of what you need to do to protect yourself, or even if he believes extra protection is needed.

Good luck.
 

bender85

Junior Member
Thanks. That helps and I'm going to try to edit what I've posted for safety sake. Again thanks it gives me some peace of mind.
 

quincy

Senior Member
You're welcome. And good luck with your neighbors.

Eventually most kids grow up and move away. For your sake, I hope they grow up fast and leave the area, before it becomes too charred and polluted. :)
 

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