I just need help with these questions and I'll leave you guys alone

[Lars]

I have already posted here a couple of times....I have also looked through the state resources for my state (GA) and still can't find an answer....but I did learn a few things.
So this college has a foreign judgment against my wife, who has about $80 in her checking account and a Toyota worth about $800. So what happens next? Can the out-of-state judgment winner enforce a writ of execution? She owns nothing, everything is mine. Will she get something first demanding her to list her property/assets, etc. etc.????
I'd just like to know if we should be doing anything besides waiting for this college and it's team of lawyers to throw us the next wad of paper. Is she judgment proof if she owns nothing? Is a Marshall going to come to my door and take her P.O.S. Toyota?
Thanks if anybody can help. I know the statute for foreign judgments in Ga is 5 years....what happens when that time frame is over? I've read lots of answers on this site, and I think IAAL's are the best...so if you are out there and you read this, hit me.
thanks

 

[I AM ALWAYS LIABLE]

I have already posted here a couple of times....I have also looked through the state resources for my state (GA) and still can't find an answer....but I did learn a few things.
So this college has a foreign judgment against my wife, who has about $80 in her checking account and a Toyota worth about $800. So what happens next? Can the out-of-state judgment winner enforce a writ of execution? She owns nothing, everything is mine. Will she get something first demanding her to list her property/assets, etc. etc.????
I'd just like to know if we should be doing anything besides waiting for this college and it's team of lawyers to throw us the next wad of paper. Is she judgment proof if she owns nothing? Is a Marshall going to come to my door and take her P.O.S. Toyota?
Thanks if anybody can help. I know the statute for foreign judgments in Ga is 5 years....what happens when that time frame is over? I've read lots of answers on this site, and I think IAAL's are the best...so if you are out there and you read this, hit me.
thanks

My response:

Gee, thanks for the compliment. But . . .

I don't have any good news for you. Would you rather remain ignorant (because they say it's "bliss"), or would you rather want to know what's going to happen, and for how long it can happen?

Somehow, I get the feeling, and a queasiness in my stomach, you're really gonna hate me if I spill my guts to you about this matter.

IAAL

 

[Lars]

Please tell me whatever you can

thanks.....
I'm sure that it is'nt going to be good, but I'd rather know ahead of time what is going to happen than get cold-cocked....
spill away.
If you need anymore information from me please let me know, but I think I've given just about everything pertaining to this case..I think.
Anyway, go ahead. I'd at least like to know whay might be coming down the pipe for me/my wife.
thanks

 

[I AM ALWAYS LIABLE]

Re: Please tell me whatever you can

thanks.....
I'm sure that it is'nt going to be good, but I'd rather know ahead of time what is going to happen than get cold-cocked....
spill away.
If you need anymore information from me please let me know, but I think I've given just about everything pertaining to this case..I think.
Anyway, go ahead. I'd at least like to know whay might be coming down the pipe for me/my wife.
thanks

My response:

Okay. You asked for it.

First, what they did was to have their judgment recognized by your State. They can do this in any State of the Union, so there's no place you can hide.

A judgment, by the way, is good for up to 20 years (that's right, TWENTY years). I'm not fooling with that. Incredible as is sounds, it's true.

Second, at some point in time, your wife will receive a Subpoena to Appear in court, along with a "Demand for Documents" for what is called a "Debtor's Hearing". DO NOT BRING YOUR PURSE OR WALLET to court with you. Take only your Driver's Licenses. DO NOT BRING JEWELRY - - except "paste" jewelry.

Third, at the hearing, in front of the judge, counsel will ask you and your wife a bunch of questions geared to getting more information about where your property is located, bank accounts, jobs, inheritances, etc., etc. It's really like the "third degree" or a Spanish Inquisition. Counsel will HAMMER at you and your wife like you've never been questioned before in your life.

Fourth, then counsel will ask both of you to stand up and empty your pockets on the judge's bench. If you have cash, jewelry, watches or anything else of value with you at the hearing, consider it gone.

Fifth, this procedure can happen once each year until the principle debt is paid in full, including attorney's fees, court costs, interest, and everything else they can think of.

This is NOT GOING TO BE FUN at all.

From now on, expect to have wage garnishments, bank accounts attached, and tow trucks taking away cars, and liens on any real estate you might own now, or may own in the future.

Life is going to be a real drag. This can be real dismal.

And women blame us men for everything. Hrrumph !!

IAAL

 

[Lars]

thanks

Well, you are right, I did ask for it. It does sound like a pain, I suppose we knew it would happen sooner or later.
So they CAN harrass me even if the judgment is against my wife? What if they sieze something that is mine? Can I sue the creditor for 'wrongful seizure' or anything?
It's not like we are trying to weasel out of the debt, I would like to pay it for her. And I know that courts and counsel don't really give a **** what our situation is...I'm aware of that fact at this point.
Anyway I thank you for you gloomy information, advice, etc.
The attorney we spoke with here in Atlanta said to her "ah, you are judgment proof as long as nothin' is in yer name."

Glad it was a free consultation.

Seems the case is otherwise, I suppose if they would like to take her '89 Corolla with 220K on it they might get a couple hundred dollars towards the debt. Hell I might just give it to them. Sorry but at this point all I can do is laugh.

Thanks for your help. This site rules.

 

[SCREWCREDIT]

HAHAHAHA

OK THIS IS TOO FUNNY

but on a serious note..

I think you're ok although I'm unsure.. it would seem they can't touch you, it's her debt.. but who knows with state laws, credit sucks..

anyway, this is only what I would do.. but if they cant find you, they cant serve you.. if they cant serve you, I would think you wouldnt be required to appear..

HEH MOVE THE HELL OUT OF THE STATE or somethin lol far away where and elude serving.. altho this could get you arrested I think if you did it intentionally.. but hey it was accidental you moved I dunno good luck

HAHAHA