Can a person who sued my wife go further with criminal charges on checks written?

Question

My wife borrowed money ($4500) from a friend of hers and had pre wrote checks in $500 increments dated on her pay periods to pay her back. Then my wife lost her job and couldn’t come up with the funds to pay her friend back. I tried to come up with a payment plan we could handle but she wasn’t having it and wanted the full amount immediately. So she sued my wife and won obviously, for about $3500 since I paid her $1000 already. My wife is still with out work and this woman threatened to pay her the full remaining amount in 15 days or she will take our stuff and pursue criminal charges on the bad checka. The women is being very difficult and since I am not on the account with my wife I am not liable. But Can she come take our stuff, we really have nothing of real value (TV? Washer and dryer? What can she take). Also can she be charged with criminal charges and end up in jail or something? We just don’t have the money to pay her immediately like she wants.

Answer 1

If she took your wife to small claims court, then what she won was a judgment against your wife. And, no, a judgment from small claims court does not allow her to come and take your personal belongings. The court issued a judgment, including the time frame within which payment should be completed. She can't change it just because she wants to. Depending upon the state you are in, she might be able to attach your wife's wages, but that has to be court ordered, too. And it has to be after you default on the court's payment order.With a judgment for the amount of money the checks were for, she can not then change her mind and decide that she will turn them over to the DA for prosecution. Bear in mind that until you get this paid, in some states, like Texas, you can not buy or sell any property, including vehicles until the debt is paid. In Texas, the judgment has to be renewed by the plaintiff every seven years, or drops off the books and you no longer owe them. If she makes unreasonable attempts to collect (repeatedly calling at work, calling repeatedly and late at night at home, parking outside your house and confronting you physically, things like that) than yes, you have every right to charge her with harassment. Owing a debt does not give someone the right to browbeat you and put your job in jeopardy. Just keep making whatever payments you can. Payments should be made through the court only and not directly to her, anyway. That way when all the payments have been made, the court will discharge the debt. A judgment from small claims court is a matter of public record.

Answer 2

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Answer 3

In most states, spouses are liable for debts of the other spouse.

However, the woman to whom you owe the money cannot just come and take your things. Even though she's won a judgement, that doesn't entitle her to steal your property.

As for the bad checks, this woman is obviously aware the checks aren't any good since she won a judgement against your wife. I doubt any court would side with her on a bad check charge. But I can't say for certain. Sometimes logic doesn't work in the court system.

Answer 4

Unless your property was listed as collateral for the loan, she can't take that. She can file charges on the bad checks; however, each check will be a seperate charge in most states. Beyond that, if someone loans you money with no collateral to back it up, the loan is a risk they take. Get an attorney to deal with this; there are people who do pro bono work and legal clinics all over the U.S. Your wife should also stop payment on the other checks immediately, and notify the person who loaned her the money that she has done so, to prevent any further attempts to cash them and thus create more potential legal charges.

Answer 5

Bad check is a deposited (!) bad check. What your wife wrote cannot be considered as bad checks because they have never been deposited. If that woman will decide to deposit them, SHE (not your wife!) will be charged with a felony. She knows that checks are not good anymore, and if she still proceeds with DEPOSITING them, SHE (not your wife) will get a felony charge on her a.ss.

If she wants to get your things to satisfy the judgment, LET HER DO IT ! That means, she is willing to substitute the $3,500 judgment with an old TV !! She is obviously not very smart individual. MAKE an arrangements for her to come and collect the stuff. This will automatically satisfy the $3,500 judgment even if the stuff she collects are under $1,000 in market value.

Answer 6

She is not entitled to take your possesions. The only thing she can do is enforce the judgement. Your wife should write her a certified letter stating that the remaining checks cannot be honored so that if the lady tries having her charged with criminal charges it will show your wife tried to make other arrangements and notified her the checks were no good.

Answer 7

She can't just come take your stuff, I owe my credit cards Thousand of dollars, have been late, and they didn't show up on my doorstep, taking whatever they wanted for payment. You have a judgement against, read it and abide by it. The woman has to, too. Was there a clause stating she could come and haul stuff off at her leasure? Probably not. Go to your local law enforcement agency, and explain the situation. Try to get a restraining order or a no-trespass served on her. She can't just threaten you like that, but you have to hold up your end, too.

Answer 8

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Answer 9

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Answer 10

what were the judges conditions of the lawsuit?
Did he give you another period of time to repay her or did he order you to pay immediatly? Why can't your wife get a job and repay it? Is she just lazy or what? even a job at McDonald's would be capable of repaying her in a couple of months time.