Some one sued and win in the court by hook and trick. any way he did the writ and took the part of it from the bank with the help of sheriff now what else can he do ?canhe come after my spouse a/c the sued is in my name only. Pl help me. I am so much depressed.
Thanks
2006-06-23 09:10:53 · 17 answers · asked by anand_ghiya 1 in Politics & Government ➔ Law Enforcement & Police
How much are we talking here? He can't get anything from your wife but he can get a lien on your house if you have one, garnish your wages too.
2006-06-23 09:14:49 · answer #1 · answered by cutiepie81289 7 · 0⤊ 0⤋
In most states, if one spouse owes a debt, the other spouse is equally responsible. Therefore, yes, legally they can come after your spouse's money. You should consult a lawyer immediately. I'm not sure about this, but if you own property or a business, you might want to transfer ownership to someone you really, really trust - a parent or sibling, perhaps. Since the system was used against you, use it to protect yourself. Good luck!
2006-06-23 09:20:15 · answer #2 · answered by olelady55 3 · 0⤊ 0⤋
Probably the only one that is responsible for the debt is the person's name on the writ. Get the police involved, don't bother trying to play JOHN LAW, when you have been taken to court. That only means that you have to pay. You have to work out the payments, it is not up to your spouse. Unless it is the house, car or something that is hers as well. We need more details.
2006-06-23 09:15:20 · answer #3 · answered by peppermint_paddy 7 · 0⤊ 0⤋
Call the attorney who got the judgement against you and offer a payment arrangement if he will hold off on taking action. You may be able to slow them down with that. If you pay child support, then good luck to them garnishing anything. Child support comes first and it if it goes over legal percentage to add a garnishment, then they are out of luck. Don't worry so much about this, but don't ignore it either. Good luck.
2006-06-23 10:15:04 · answer #4 · answered by thewildeman2 6 · 0⤊ 0⤋
Do Not transfer anything it could be considered concealing assets a Big no-no.I lived in a non community property state. I moved and got married in a community property state. We got divorced 4 years later.Before I was married I sold my house in the non community property state I left the money there in an account in my maiden name! I did not understand community property his lawyer found it by the time it was done I owed the court $22.50 and all my money was gone!!$ 40,000+
2006-06-23 11:29:09 · answer #5 · answered by Star of Florida 7 · 0⤊ 0⤋
Whatever property you own jointly is fair game for collection of a judgment. did you have a lawyer for this or did you just not go to court? If you didn't show up you can go back to court and ask to vacate the default judgment, if you can show a good reason you didn't go the first time.
2006-06-23 09:21:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I am speaking from a South African perspective. In our country he can only creditors can only take money if you and your wife is married in community of property. And then only from the joint estate. But he wil not be able to take it on his own. I think the legal system must be the same in your country. I hope this helps. Good luck friend.
2006-06-23 09:17:30 · answer #7 · answered by advocate_shark 2 · 0⤊ 0⤋
oh,no, only if it's a joint account, trust me I tried and the judge says when someone sues for money, they win their case but, it can take up yo 10-20 years to collect, sometime U never get it, but, if U decide to but a house and get a loan they will pay off your judgment first and the rest will be yours. From a landlord who really knows. It's okay don't worry.
2006-06-23 09:18:58 · answer #8 · answered by Fannie 3 · 0⤊ 0⤋
I'm sorry to pass this news along, but if you are legally married your "estate" is considered to be that of you and your spouse. If the suit really was won by trickery, you should be able to countersue to recover your money and your costs.
Good luck!
2006-06-23 09:14:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋
well thats a hard one, they should only be able to come after anything that is in your name, so if she is on anything with you say a car title they can take that if its just in her name then they shouldnt be able to get it, my advice to you would be put everything you own in her name only, , your car your house, anything that is worth alot, then when they get how ever much they can and the whole thing is over then put everything back in your name, but be careful make sure you trust her, it could turn into something bigger.
2006-06-23 09:16:11 · answer #10 · answered by JOJO 2 · 0⤊ 0⤋
Three simple words...
Lawyer
Lawyer
Lawyer
From what I understand of the law, if your wife wasn't sued, she *might* be safe. But I'm not a lawyer & I don't play one on TV.
Lawyer
2006-06-23 09:15:57 · answer #11 · answered by comicards 6 · 0⤊ 0⤋