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Can a lawsuit judgment and attorney fees incurred by a spouse be enforced as a lien against a home that is solely owned by the non debtor spouse?

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2006-04-25 03:43:50
2006-04-25 03:43:50

Yes/no if house is only in your name depending on what the judgment is for, pertaining to anything you did together. * If the property was obtained during the marriage and the couple reside in a community property state, then a lien is possible. If the couple do not reside in a CP state a lien is not possible regardless of when the property was purchased.

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If the husband was not liable for the debt, then his wages cannot be garnished to collect on the judgment. The judgment is against the person who incurred the debt.

It is my understanding that a lawsuit judgment can be registered against a building used as residence, whether the lawsuit is initiated by a spouse or someone else, which would thereby prevent the owner/occupant from selling the house without satisfying the judgment against it. However, the action to seize and evict would not be enforced as long as the owner/occupant lived there. If you have a Law Line in your area, I would advise giving them a call as they would be able to tell you how the law applies specifically in your jurisdiction.

You need the advice of a solicitor (attorney) to do this.

In most states is the lender receives a judgment against the borrower/debtor the judgment can be enforced as a bank account levy.

Yes, unless the debt was fraudulent incurred. If the debt was fraudulently incurred, the creditor could file an action objecting to the discharge of that debt. One important thing to remember is that judgment LIENS will survive the bankruptcy unless the debtor files a petition under Section 522 of the bankruptcy code to remove the lien. If you file for bankruptcy, make sure you tell your attorney about any judgments against you so the attorney can investigate whether or not any liens exist.

In some community property states it is possible for a creditor to garnish the wages of either spouse even if only one spouse is the judgment debtor if the debt was incurred during the marriage. Such a garnishment would not apply in cases of child support or alimony. In non CP states only the spouse who holds the account is responsible for the debt. Spouse's are not responsible for their partner's debts that were incurred before marriage regardless of where the married couple reside. That being the case, a judgment against a person before their marriage could not be enforced against the new spouse. Please be advised, that if the judgment has not been executed, it is the debtor's responsibility to file the allowed real and personal property exemptions and other pertinent information. In such a situation, the non debtor spouse could not have his or her wages garnished, but in most states it is possible to levy joint marital bank accounts.

States inact laws that determine howa judgment creditor can execute the judgment against the judgment debtor. In most states a judgment writ can be enforced as a wage garnishment (preferred method) or bank account levy or a lienand/orseizure and sale of unexempt real or personal property belonging solely to the judgment debtor.

Any debts incurred by a person before marriage belong to them entirely, and will not affect the other spouse.

Certainly, as long as the income belongs to the judgment debtor. A judgment creditor could not enforce a wage garnishment against co-debtor spouses simultaneously. Wage garnishment must run consecutively no concurrently. Likewise a judgment creditor could not execute a wage garnishment against dual income of the judgment debtor(s). For example, if the debtor worked two part time jobs the garnishment could only be enforced as a singular judgment against one of the earnings.

First, you must file a suit in either small claims or district court. You will need to prove your claim. When you prove it, you will obtain a judgment against that company. Afte you obtain a judgment, you can have the judgment enforced and one of the ways you can enforce a judgment is to put a lien on non-exempt real property.

No, judgments or debt collection procedures cannot be enforced against the debtor's property outside of U.S. borders. Where large debts have been incurred in conjunction with a business, litigation action has been somewhat sucessful in U.S. Commonwealth countries like Puerto Rico.

Absolutely, any individual has the right to file suit for damages that he or she has incurred due to another person's misbehavior, negligence, etc.

A levy in financial terms, is one way in which a writ of judgment can be enforced to collect a debt. Sometimes wage garnishment is referred to as a "levy against earnings". More often a levy is placed against bank accounts.

Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.

That is difficult to determine as it depends on the judgment holder and the laws of the state in which the judgment was awarded. Before the judgment can be executed it must be filed with the clerk of the court and signed by the judge. How the judgment holder chooses to collect the debt (wage garnishment, bank account levy, lien, etc.) would also have a bearing on when the judgment is enforced. Of course the judgment debtor also has the option of trying to negotiate with the judgment holder to pay the debt owed.

In general, any lender can file suit, be granted a judgment, and have the judgment enforced. So the short answer is yes. Some also claim they can file criminal charges for a "bad check(s)." This is not true. The actions that can be taken depend on the laws of the state in which the person resides.

You don't file a judgment you file a lawsuit against a company. A judgment is what you get if you win the legal battle.

If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.

If there is a judgment against you, the best thing to do is to pay. It will remain on your record indefinitely if you do not. You can argue the judgment in court, but once a judgment is entered it will likely not be reversed.

They can not take your home. They can sue you, get a judgment, and then get a lien on your home. Once they have a lien, they can foreclose. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.

Can someone collect my income tax return for a judgment against me


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