Judgement in NEW YORK

[uquillas06]

What is the name of your state (only U.S. law)? ny

My husband had a judgement issued out in new york years ago for a creditor called municipal credit union. The placed a garnishement on his wages but have not been getting paid because they also garnish his paychecks for child support. The company said after child support municipal credit union will start getting paid. We just got a lien placed on our bank accounts, theres no money in the accounts so they weren't able to take anything however when i called the creditor they are asking me for 500 dollars as a downpayment to release the bank account and then she asked for my address and when she found out we now live in florida she said never mind just send me a copy of his license and we will release the bank account. It seemed really shady and I'm not sure what to give them. The debt is about 6-7 years old, we now live in florida and we own a house here. What can they do? Can they place a lien on my house/car? my husband is the only one working right now so until child support is paid off we cant really make any payment arrangements. what should we do and what should i give them?

 

[Antigone*]

What is the name of your state (only U.S. law)? ny

My husband had a judgement issued out in new york years ago for a creditor called municipal credit union. The placed a garnishement on his wages but have not been getting paid because they also garnish his paychecks for child support. The company said after child support municipal credit union will start getting paid. We just got a lien placed on our bank accounts, theres no money in the accounts so they weren't able to take anything however when i called the creditor they are asking me for 500 dollars as a downpayment to release the bank account and then she asked for my address and when she found out we now live in florida she said never mind just send me a copy of his license and we will release the bank account. It seemed really shady and I'm not sure what to give them. The debt is about 6-7 years old, we now live in florida and we own a house here. What can they do? Can they place a lien on my house/car? my husband is the only one working right now so until child support is paid off we cant really make any payment arrangements. what should we do and what should i give them?

Your bank account in Florida cannot be garnished. They will release the account. He should comply with the request for the license, this proves the Florida residency. Yes, they can place a lien on other assets.

 

[uquillas06]

Your bank account in Florida cannot be garnished. They will release the account. He should comply with the request for the license, this proves the Florida residency. Yes, they can place a lien on other assets.

Thanks for the response! The bank account was originally opened in new york though does that change anything?

 

[justalayman]

before they take any action in Florida they must domesticate the judgment in Florida. It is a simple process though so do not make the mistake they won't do it.


a judgment from NY is good for 10 years. It can be renewed for another 10 year period. The 20 year (total) limitation is continued if there is any payment on the debt within the initial 20 year period so as to be 20 years from the last payment.

Leaving the state of NY may toll the clock on the time though although there are some defenses to such an argument in some situations.

since the judgment would be collected in Florida, the exemptions of Florida would apply.

Can they place a lien on my house/car?

actually, if you have equity exceeding $1000, they can seize your car and sell it, returning the first $1000 to you.

You have a personal property exemption of $4000. Anything above that can be seized and sold to satisfy the debt. You can apply the personal property exemption to the car if you so choose but that means whatever you move from personal property exemption to the vehicle exemption reduces your personal property exemption by a like amount. In other words, if you have a car worth $5k and wish to protect it, you can but that exposes ALL of your personal property to possible seizure to satisfy the debt.


property jointly held by a spouse is protected 100%. If you transfer title to property to be held jointly to take advantage of this benefit, it would be considered a fraudulent conveyance and the protections would not apply.

from my understanding, once the judgment is domesticated into Florida, your bank account is subject to seizure, at least for any amount beyond the exemptions allowed. The exception to that is if the money is from wages, it is protected but only for 6 months. After that period of time it is no longer protected due to the wage exemption.

 

[uquillas06]

before they take any action in Florida they must domesticate the judgment in Florida. It is a simple process though so do not make the mistake they won't do it.


a judgment from NY is good for 10 years. It can be renewed for another 10 year period. The 20 year (total) limitation is continued if there is any payment on the debt within the initial 20 year period so as to be 20 years from the last payment.

Leaving the state of NY may toll the clock on the time though although there are some defenses to such an argument in some situations.

since the judgment would be collected in Florida, the exemptions of Florida would apply.


actually, if you have equity exceeding $1000, they can seize your car and sell it, returning the first $1000 to you.

You have a personal property exemption of $4000. Anything above that can be seized and sold to satisfy the debt. You can apply the personal property exemption to the car if you so choose but that means whatever you move from personal property exemption to the vehicle exemption reduces your personal property exemption by a like amount. In other words, if you have a car worth $5k and wish to protect it, you can but that exposes ALL of your personal property to possible seizure to satisfy the debt.


property jointly held by a spouse is protected 100%. If you transfer title to property to be held jointly to take advantage of this benefit, it would be considered a fraudulent conveyance and the protections would not apply.

from my understanding, once the judgment is domesticated into Florida, your bank account is subject to seizure, at least for any amount beyond the exemptions allowed. The exception to that is if the money is from wages, it is protected but only for 6 months. After that period of time it is no longer protected due to the wage exemption.

He has a car under his name which he is making payments on, it is not jointly held but the house is in both of our names according to your post they can take the car but not the house correct? the car is a 2010 camry and he owes 7k on it would they take it? the balance on his debt is 6300.

 

[justalayman]

His equity in the car would have to exceed $1000 for them to be able to touch it. That means if it is worth at least $1000 more than what he owes on the car, it could be subject to seizure. That doesn't mean they will pursue it, only that they can if they choose to do so.

 

[justalayman]

And don't forget that he could "move" his personal property exemptions of up to $4k over to protect up to a total of a $5k exemption on the car. If he has no real personal propert assets to protect, that would be a wise action IF they attempted to seize his car.

 

[uquillas06]

And don't forget that he could "move" his personal property exemptions of up to $4k over to protect up to a total of a $5k exemption on the car. If he has no real personal propert assets to protect, that would be a wise action IF they attempted to seize his car.

Thank you! I appreciate all the answers!

 

[bigun]

Under some circumstances, his wages may be exempt from garnishment in Fl.

http://www.flsenate.gov/laws/statutes/2010/222.11

 

[justalayman]

but don't forget this:

(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.