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but if she ever comes into money or property, can't they take her back and take everything she owns or is buying like a house can they take it from her even though it's not payed for or can they come back years later after it's payed for

2007-04-28 16:43:35 · 3 answers · asked by br674 2 in Politics & Government Law & Ethics

the case was in Tennessee but she lives in Georgia

2007-04-28 17:04:02 · update #1

3 answers

It's a bit difficult to give an answer since you didn't mention what she was sued for. If it was for a past money debt or for some other reason.

If it was for a past money debt --

Since she lives in Georgia and the suit was filed in Tennessee, they would have to domesticate the judgment to Georgia to do anything in Georgia as far as trying to collect.

If she has any property in Tennessee, they can probably place a lien on it if the judgment is for an unsecured money debt, or seize it if it is for a secured money debt or government debt.
She would have to learn the exemption statutes for that state.
If she has a bank account in that state, they will probably grab it.

The judgment statute of limitations for Tennessee is 10 years for a domestic judgment - non renewable.
The judgment statute of limitations for Georgia is 7 years for domestic and 5 years for a foreign judgment - both are non renewable.

So, it looks like they only have 5 years to try and collect anything.

If it was for an unsecured money debt (credit card) they cannot take property for unsecured debt judgments. They can place liens on property and get paid if she sells the property (after the original lien holders - mortgage, bank loan, etc is paid)

They may be able to garnish her wages and they would probably grab her bank account.

If it is for a secured money debt - loans etc., or for government - taxes etc., then she would have to find out Georgia's exemption statutes to see what they may or may not be able to take.

2007-04-28 23:55:00 · answer #1 · answered by echo 7 · 0 0

If they get a judgement against her, then they can wait until she has property or money and take it from her. The statute of limitations for the judgement differs from state to state, but it's generally a long time. That's why you buy insurance - and not just the minimum limits.

Real world, unless she made a very bad enemy, they will forget over time and write it off as a bad debt.

2007-04-28 23:59:45 · answer #2 · answered by Catspaw 6 · 0 0

That is a question for an attorney licensed in the state where she resides, because each state has different laws regarding what creditors can and cannot do to collect on any judgment they might receive.

2007-04-28 23:52:48 · answer #3 · answered by Anonymous · 0 0

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