Does a win in small claims court entitle you to file a claim against the losing parties wife's inheritance?

Answer 1

Edit: This answer assumes that you are only atempting to enforce your judgment, not file a new case against the spouse.

You should get a quick consultation with an attorney in your area, or research at your local law library.

In general, inheritence is considered the sole and separate property of the inheriting person (unless it was left jointly to the couple). Consider who the judgment is against. If it is solely against the husband, the wife's inheritence may not be touchable (because it is her separate property) if it is kept separate from any joint accounts. Joint accounts, however, may be attached.

Likewise, you cannot attach future inheritence, because it has no value until it is actually passed to the beneficiary (because it can be changed at any time).

Also, have you also considered your other collection means, such as wage assignment orders?

Collecting a judgment is often the hardest part of any case. Good luck!

Answer 2

A final judgment typically precludes you from filing a claim. This is know as Res Judicata. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents them from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.

Res Judicata or claim preclusion focuses on barring a suit from being brought again on a legal cause of action that has already been finally decided between the parties or sometimes those in privity with a party.

Once your claim is judged on the merits, it's done. If you have other causes of action not related to the original suit, then you would most likely not be barred from commencing with another suit at a later date.

Answer 3

joepony's answer is correct if you filed against both parties. In the 8 community property states you cannot go after the wife's inheritance if you did not sue her. The community property states are Louisiana, Texas, New Mexico, Arizona, Calfornia, Nevada plus 2 more western states I can't remember. Except for La., they are all states in the West.

Answer 4

it really depends on the state. if the inheritance was given solely to her and stays solely her property,then no. but if it becomes marital property then yes.
for instance, in PA, if one spouse receives an inheritance that is obviously only for that one person, then it is only that spouses, but if that spouse changes the property in any way, then it becomes marital property. if the inheritance is money, then while the prinicpal amount may remain single property, any interest it earns would be marital, so you could at least get your hands on that.
obviously single inheritances can be money that was given for a purpose (the will will say something like because she spent so much time with me while i was ill) or it could have been written way before the recipient was married, so it couldn't have been given to the couple. or it could be an item that is singularly valuable to only one spouse (an antique dressing table - what would a husband do with that, its obviously for only the wife). examples abound.
but note that each state is different and this is only an example of PA's inheritance/marital property law.

Answer 5

In most states, yes. You need to file & record an Abstract of Judgment and if you know where the money is, you can file a lien with the institution. You should talk to an attorney and he/she can help you file the proper forms in which to get your judgment satisfied.

Answer 6

A win in small claims court precludes further action on that matter.