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HelpTai · Sep 25, 2006, 05:22 AM

In March of 2003 I stopped paying 3 of my credit cards while I lived in FL. Now, World Assett Mgmt, a debt purchaser, and one of the worst, has placed a jugdement against me, filed for contempt of court, and has garnished my bank account. (I know I should have shown up for the court hearings, but I did not).
I was in communication with the attorneys handling the case, Marcadis & Associates in July getting a payoff amount as I was trying to satisfy my debts by refinancing my home (did not qualify). I ended up selling instead, however, I barely had enough to close on my new home in TN. NOW, they had my bank account info because I was dumb enough to give them a check by phone that would clear after the refinance would go through, which I did not qualify for as I said. I called and told them to please stop the payment, which they did, however advised me the whole process would have to start over again. I just found out they garnished my FL checking and savings which I was going to close up soon anyway and didn't have more than a couple hundred dollars in there. I also am not working at the time as I have a newborn baby (3 children in total). So They can't garnish my wages.
MY MAIN QUESTION IS: If I remove myself from the deed in my new home that is in both my name and my husbands, can they still place a lien on it? And If I remove my name from my new bank accounts also and just leave my husband, can they not garnish it? I want to protect myself while I try to find legal assistance with this matter. This debt is solely mine and not joint. Would anyone know how long they can pursue this debt, does the statute of limitations still apply even though a judgement has been ordered? I would appreciate any advice. ~ Tai

ScottGem · Sep 25, 2006, 05:53 AM

First the statue of limitations applies to the amount of time they have to file suit. Once they obtain the judgement, SOL no longer applies.

Second, if you remove your name from the deed and bank accounts, they can't attach them. However, its unlikely they can file a lien against a primary residence. Even if they do, the lien can't force sale of the house. All it means is that the debt has to be satisified before clear title can be transferred (i.e. when the house is sold).

However, if you remove your name from the bank accounts you won't be able to use them. The checks will not have your name on them nor can you withdraw funds.

HelpTai · Sep 25, 2006, 06:12 AM

Thank you Scott. They actually did place a lien on my previous home which was my primary residence , but I was still able to sell without satisfying it. It's true, removing myself from the accounts would be a problem, but I rather go through the inconvenience than have them take all I have. It's a sticky situation, I know. Thank you for the advice. I appreciate it.

ScottGem · Sep 25, 2006, 06:19 AM

Hmmm, How long ago did you sell? The buyer's title company may have fallen down on the job, not finding the lien. That lien may still be in force against the old home and the buyer may not be aware of it.

I would consult your attorney about what obligations and liabilities you may have about that.

HelpTai · Sep 25, 2006, 06:37 AM

Scott, from what I remember I was told, In Florida, a lien placed against your homestead does not need to be satisfied to sell the property. I sold it in July 06. P.S. Do you know if they can garnish my IRS refund if we normally file jointly and my husband is the only one working all year? Thank you much.

ScottGem · Sep 25, 2006, 06:59 AM

If you file jointly, they may be able to garnish the return. I would check with the IRS on that.

As for lien, I would double check this. The whole purpose of a lien is to prevent the sale of property without satisifying the debt. Therefore, it makes no sense to allow the sale under those conditions. A lien is filed against the property, not the person. Therefore it could be still on the property. This is why you buy title insurance when purchasing. The Insurer is supposed to check to see if there are any liens or other encumbrances to clear title. They then guarantee clear title to the buyer. So if the insurance company missed the lien, then they would be liable. However you might also have some liability here.

HelpTai · Sep 25, 2006, 10:13 AM

I am looking into the lien on my previous home with the title co. who closed us and I am awaiting their reply.
Would you know the answer to the following question? If I have moved from FL to TN, can they garnish my new accounts here without my knowledge or would they have to file/transfer the judgement in TN first? How quickly do I need to act. I am trying to find other resources to satisfy this debt, but I want protection in the meantime.

ScottGem · Sep 25, 2006, 10:17 AM

Judgements are usually honored by all states. As soon as they find the accounts, they can simply file the judgement with the institution. But they have to find the accounts first.