A sheriff brought me a paper stating that he was ordered to execute on any and all personal property of mine. However, the judgment is to my previous last name. I have been married for over a year and really the only thing "I" own is my car, and it's in my married name. So can they levy my car? Also my bank account is in my husband's and my name. I don't work, so those are not my wages. Can they withhold those funds even though the account is not in the name stated in the judgment? The sheriff didn't take anything, ask me about my personal possessions, bank account, or employment. If he was going to seize something wouldn't he have done it when he gave me the paper? Please only answer if you can help. Don't say "I don't know" or "ask a lawyer". I would appreciate only answers from people who have experience with this situation. Thanks so much!
2007-01-22 15:44:27 · 4 answers · asked by tonya 2 in Politics & Government ➔ Law & Ethics
Unless the law of your state is unusual, the difference in last name won't matter: it's an execution order on your personal property, regardless of your current name. Different states have different laws as to whether jointly owned (marital) property can be seized to pay off the debts of one spouse.
2007-01-23 04:05:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends, what is the date that they are using? Because if it is from a previous order, say before you were married, they can seize anything and everything, which includes half of what you and your husband own. I assume it is too since you said they have your previous last name. Check the date and usually they don't seize when they come out the first time, it's usually a formality.
2007-01-26 14:54:57 · answer #2 · answered by Rhode Island Red 5 · 0⤊ 0⤋
I would seriously consider individual bankruptcy, yes you can do that even if your a married. that will stay all enforcement action.
Technically if they have an issue with you and not your husband ( a little in the dark here) then move all your possession's out of your name and take your name off any joint bank accounts.
you must owe somebody something. but these would be the steps I would take based on the info - good luck.
2007-01-30 12:17:46 · answer #3 · answered by impalersca 4 · 0⤊ 0⤋
I dont know what state your in .NY here and this happened to my sister . She had a judgement from when she was single. they were ubable to take anything from her joint accont with her husband as she didnt work. Her car was in her husbands name and they cuolnt take that either.they were able to take what she had in own bank account. A good way to find out if they intend to take your car is to call dmv and find out if theres a lien on your car. If there is then you need to call a lawyer (srry :(
2007-01-30 09:39:08 · answer #4 · answered by broken heart 2 · 0⤊ 0⤋