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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70694
Experience:  Over 5 years in practice
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Again, As I have mentioned, I have severe OCD with

Resolved Question:

Hello again,
As I have mentioned, I have severe OCD with a strong fear that I'm going to be sued even though I lead a careful life. The OCD affects my every waking moment and I'm under the care of a Psychiatrist, who has prescribed medication to help lessen the intrusive thoughts. I'm continually reading about litigation. Today I read that it's not possible to sue somebody who is mentally ill. I'm not trying to excuse unacceptable behaviour but if you could clarify this it would lessen my OCD
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can be sued?
Customer: replied 2 years ago.
Sorry!! after all that I didn't ask a question!! Yes with my major irrational fear of being sued if I thought that it would be harder to sue me it would lessen my anxiety. It's not to excuse terrible behaviour, I lead a very careful life but this fear is totally consuming and if what I read was true my OCD would have to find another obsession thus giving me a break!! ūüėä
Customer: replied 2 years ago.
Also, a while ago a Solicitor told me it was very difficult to be sued. Because he told me this last year the reassurance factor has worn off. Is it very difficult? I have two children and a mortgage. My biggest fear is ill do something to make us all homeless.
Expert:  Jo C. replied 2 years ago.
No, it wouldn't be harder to sue.
Under the Limitations Act actual insanity stops time running. There is also an argument that genuine insanity means that a person cannot enter into a contract although the reality is that they still have to pay for any service they have used.
However, OCD is not insanity.
Of course, there isn't a huge chance of being sued unless you act unlawfully and even then there are usually opportunities to dispose of it by other means such as mediation.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Yes, sorry, just lastly, my husband owns half the house so if a law suit was filed would it just be the relinquishing of my equity. If I were to be sued, could I work out an affordable monthly payment instead of everything being taken away. As I say, I'm completely petrified ill do or say something that will cause my family to become homeless.
Expert:  Jo C. replied 2 years ago.
It won't come to that. It is very hard to get orders for sale. That would only happen if you didn't deal with it at all.
If you didn't though they could seek an order for sale to get at your share of the equity but not his. Probably they would just add a charging order.
Nobody will do that if you pay though.
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