Check out some similar questions!

mikeb67 · May 27, 2010, 09:09 AM

I live in Missouri. I have a judgement against me in the amount of 17,900 by my ex-wife for our daughter's college expenses. Yesterday, May 26, I received a Notice of Sale from St. Louis County on my house along with a Jefferson County Sheriff's Department levy against my house, where the property is located, that states it will be sold on the courthouse steps on June 30.
I have repeatedly tried to settle this debt through reasonable options such as payments and have even began the refinance process to settle in a lump sum payment as soon as I have the proceeds from the refinance, with no co-operation from the other party.
I will add that my banking accounts were recently levied to no avail because I had already emptied them, and there is a standing garnishment against my payroll check extending from this debt. I will also add that I am recently married, however my now wife has been contributing to the payments of this property for the past two years, so technically, she is half owner of the house, and, my brother is also the guarantor on the loan. The house is worth enough to pay off the mortgage and this debt, after a normal sale, however I don't believe it will bring enough at auction to even cover the mortgage.
I am stuck and really need some solid advice on what my next move should be and how I can save my house!

Thank You!

JudyKayTee · May 27, 2010, 09:13 AM

Contributing to the payments most definitely does NOT make your 'new" wife half owner of the house, technically or otherwise.

It's gone too far (and the time frame is too short) for you to handle this yourself. You need an Attorney.

How long ago did your ex-wife obtain the Judgment against you?

Once a Judgment is obtained no one has to negotiate with you, in good faith or in bad. The fact that a wage garnishment was filed due to lack of payment does not look good for you - at least on paper.

mikeb67 · May 27, 2010, 09:21 AM

The judgement is less than three months old and she garnished me immediately. My reasoning was that if she is garnishing me, why should I make payments? The judgement didn't state how or in what time frame I had to repay the debt, as my attorney left that open ended. I have been trying to refianace to pay the debt in full while the garnishment is in effect. It's not like I haven't been trying.

JudyKayTee · May 27, 2010, 09:58 AM

Originally Posted by mikeb67

The judgement is less than three months old and she garnished me immediately. My reasoning was that if she is garnishing me, why sould I make payments? The judgement didn't state how or in what time frame I had to repay the debt, as my attorney left that open ended. I have been trying to refianace to pay the debt in full while the garnishment is in effect. It's not like I haven't been trying.

Judgments aren't payment plans. You don't make regular payments, the creditor (in this case your ex-wife) gets a Judgment. It's immediately enforceable. Your Attorney should not have any voice in the Judgment, other than arguing against it, on your behalf.

Apparently your ex - and possibly your child's College - are tired of waiting for their money and want to be paid now.

In my area if you can't finance in three months (your time frame), you can't refinance. At any rate, your ex doesn't have to wait until you do.

nhhome · Jul 23, 2010, 02:52 PM

I just got a levy judgement against me. I didn't even know the company that I owe was going to court. I was paying them but got behind in the last few months. My house is in NH and under a homestead protection, can they still sell my house is a sheriff's sale. Does this mean if I don't pay the entire amount in two weeks the sheriff can sell anything in my house? How can I stop this? Can I file Bankruptcy to stop it?

nhhome · Jul 23, 2010, 02:52 PM

I just got a levy judgement against me. I didn't even know the company that I owe was going to court. I was paying them but got behind in the last few months. My house is in NH and under a homestead protection, can they still sell my house is a sheriff's sale. Does this mean if I don't pay the entire amount in two weeks the sheriff can sell anything in my house? How can I stop this? Can I file Bankruptcy to stop it?

nhhome · Jul 23, 2010, 02:54 PM

I just got a levy judgement against me. I didn't even know the company that I owe was going to court. I was paying them but got behind in the last few months. My house is in NH and under a homestead protection, can they still sell my house is a sheriff's sale. Does this mean if I don't pay the entire amount in two weeks the sheriff can sell anything in my house? How can I stop this? Can I file Bankruptcy to stop it?