 |
I received a judgement with a lien against all property that was sent to the Register of Deeds.. I do not own a home at present.. I was married last year and this judgement is for a debt I had before my marriage.. how will this effect my husband's credit, his bank account, his wages and his being able to purchase a home? We live in TN.. how will this judgement affect my personal property example a car and my bank account?
Welcome to AMHD. The judgement shouldn't affect your husband, but if your name is on a checking account, it may be subject to your creditor's claim. Your separate personal property and bank account are at risk, as well.
So, I should close my bank account and just put it in my husband's name and should I put my car in my husband's name as well..Quote:
Originally Posted by George_1950
It may be too late for that. If it can be determined that you tried to hide assets by transferring them you could be in trouble. Better to open a new account in just your husband's name.
Did you ever consider paying the debt?
I don't have a job at the moment... taking care of my grandchild... will my husband be able to purchase a house?
In his own name, shouldn't be a problem
So, you are telling me that I don't have a right to close out my own checking account.. it's not like there's a lot of money in there
The judgement entered against me was forwarded to the Register of Deeds... not sure exactly what that means.. other then I could'nt buy a home and if I had one, there would be a lien against it
I would close it.Quote:
Originally Posted by razanbrandy
If your husband purchased a home, and gave it to you in his will (and he predeceases you), and the judgement lien is in effect, your debt would have to be satisfied before you could transfer the property whether by deed or will.Quote:
Originally Posted by razanbrandy
Do you know how long I have before they will possibly seize my checking account? I just received the judgement letter from an attorney today... and what should I do about the car that's in my name... I just paid it off and have'nt even received the title yet
Where I live, a judgement creditor can have the sheriff pick up a car with no liens, and the sheriff will sell it. You could borrow against it (again) or give it to your husband.
Can they take my car even though I don't have the title yet.. supposedly it was lost and a new one will have to be issued.. also, when I do get the title can't I just put it in my husband's name by signing the title over to him?
I'm not certain about current procedure where you reside; in the past, a judgement creditor could check with the department of motor vehicles and run a name through the index. A report would be generated showing whether an auto had a lien or not. If there was no lien, the car could be towed and stored by the sheriff. The sheriff must advertise for four weeks before publicly auctioning the auto. Yes, you can transfer ownership whenever you wish, but it can be set aside if a creditor wants to go to that much trouble.
OK.. I just called the credit union that had the lien and they have no idea where my title is and neither does the DMV... and I have'nt received a lien release yet.. I paid it off beginning of May... so maybe it won't show up as released yet
I live in TN and the DMV told me that it was mistakely sent to Birmingham,AL and shredded..
If the creditor can prove that you have taken any steps to hide assets, you could have even bigger legal problems.
You really need to put as much effort into finding some employment so you can pay your obligations, as you are in to trying to avoid this creditor from getting what you owe them.
As George stated, it is true where I live as well, they don't have to put a lien on the vehicle.
If you own it, they can just tow it away and sell it, and apply the money towards the judgment.
While it is not as common as it used to be, it is still a legal option where I live.
OK, I was just saying that I don't think the lien has been released on my car as of yet... and what legal problems would I have if the creditors thought I was trying to hide assests?
The term fraud comes to mind.
Having already escaped from the original obligation, now that the creditor has an enforceable judgment, you decide to hide or transfer assets, to "continue" to prevent him from collecting what you legally owe them.
Yeah, I'm fairly confident that it could very well be considered fraud.
I need my car in order to get a job to even start to pay this debt
I am sure that you do.Quote:
Originally Posted by razanbrandy
The creditor needs the money they loaned you too.
Thanks to you and George I meant for answering my questions...
I don't know what it means either. The Register of Deeds is under no obligation to do a search for the creditor. If the creditor knows of an specific property you have an ownership interest in, they can file a lien against it, but they can't just send a request for them to search for property.Quote:
Originally Posted by razanbrandy
OK thanks, I did own property at one time but not anymore...
Why don't you sell it to your husband? Draw-up a bill of sale for $xxxx.xx, payable at $xx.xx per mont at 7% interest until paid in full. When you get your new title, resubmit the paperwork to the DMV. Now, those x's are supposed to be real numbers since we aren't the government.Quote:
Originally Posted by razanbrandy
Ok. So do a need special bill of sale paperwork in order to sell it to my husband?
Yes, and he needs to pay you as well; which will qualify the sale as "an arms length transaction." "The arm's length principle (ALP) is the condition or the fact that the parties to a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction". It is used specifically in contract law to arrange an equitable agreement that will stand up to legal scrutiny, even though the parties may have shared interests (e.g., employer-employee) or are too closely related to be seen as completely independent (e.g., the parties have familial ties)." http://en.wikipedia.org/wiki/Arm's_lengthQuote:
Originally Posted by razanbrandy
Ok thanks George for your help...
So if I do this bill of sale to my husband, it won't look like I am trying to hide or transfer assests?
| All times are GMT -7. The time now is 03:25 PM. |