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help2010 · Dec 7, 2009, 11:36 PM

Can a creditor attach my bank account opened in another state? That is, a state that is outside where the judgment was issued? I wouldn't think so since the Court would not have jurisdiction, but I want to be sure.

XTC832 · Dec 8, 2009, 07:55 PM

I am primarily a bankruptcy consultant, but I can provide you with an answer. Judgments can be enforced from state to state, that is, a judgment in one state may (but not always) be enforced in a different state. It really depends on how much the creditor is willing to pursue the debtor. If creditors remain persistent, they may file a new suit in that state, or they can do what's called registering a judgment. They must go through proper channels to register a judgment; it's also called an exemplified judgment. The original judgment is attached to a document signed and authenticated by a Judge. Even though it's state to state, you might here it called a foreign judgment. Not all states will accept such a judgment. So, creditors may have to file a new suit to obtain one. Depending on the amount owed or other circumstances, some creditors will not go that far. But keep in mind, if they do, they generally can navigate within the framework of the law to keep a judgment enforced. Hope this helps you somewhat. Good luck!

excon · Dec 8, 2009, 08:00 PM

Hello help:

I'm primarily an exconvict. In any case, judgment creditors can enforce their judgments wherever they find your accounts.

excon

Fr_Chuck · Dec 8, 2009, 08:01 PM

I am a preacher but yes they can

XTC832 · Dec 8, 2009, 08:36 PM

HELP2010,

Just wanted to pass along a quick note. What a creditor can do and will do are two different things. I had a client several weeks ago who went into Chapter 13. He and his wife have two out of state savings accounts that creditors tried to go after. The court threw out the creditors judgment because it was never authenticated by the jurisdictional home state. In addition, the creditors violated the 'automatic stay' law by "hiding the judgment" from the bankruptcy court. They were found to be in contempt and denied any future legal action against those accounts. Might not apply to your situation, but... creditors don't always get their way. Take care!