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    CONEAL's Avatar
    CONEAL Posts: 1, Reputation: 1
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    #1

    Aug 13, 2008, 06:32 PM
    In Nashville, TN can a spouse be held liable towrd husband's debt/judgement?
    I gave a man $1500 to buy my daughter a car at an auction and he did not get the car, nor did he give me my money back. I took him to court and the judge said he had 10 days to pay me... which he did not show up in court (he called to get the outcome), and he still has not given me my money! The judge said if he does not pay me my money he will put a lien/levy on his property or vehicle(s) because he has a detail business and not a steady job.

    Well, everything he owns is in his wife's name, and the general session's clerk said they can not put a lien on the property/cars because it is under his wife's name. I know, or at least I thought, that the laws were written for innocent citizens, not for criminals to become "successful" in their profession!

    Does the marital interest plays a part in paying a debt?. I know if a husband owes toward child-support the wife's refund is collected toward the debt!

    Seekin your knowledge.

    Thanks

    CONEAL
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #2

    Aug 13, 2008, 07:20 PM
    Well actually no a wife's refund is not keep for child supoprt, not if the wife files an injured spouse filing, she will still get her share of the refund.

    But no, in most states you can not attach the wife's property,

    Now assuming you are rich enough, and can prove that the property was really bought by his money. Of get a garnishment of his pay.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Aug 14, 2008, 07:24 AM
    Quote Originally Posted by CONEAL
    I gave a man $1500 to buy my daughter a car at an auction and he did not get the car, nor did he give me my money back. I took him to court and the judge said he had 10 days to pay me...which he did not show up in court (he called to get the outcome), and he still has not given me my money! The judge said if he does not pay me my money he will put a lien/levy on his property or vehicle(s) because he has a detail business and not a steady job.

    Well, everything he owns is in his wife's name, and the general sessionís clerk said they can not put a lien on the property/cars because it is under his wife's name. I know, or at least I thought, that the laws were written for innocent citizens, not for criminals to become "successful" in their profession!

    Does the marital interest plays a part in paying a debt? ... I know if a husband owes toward child-support the wife's refund is collected toward the debt!

    Seekin your knowledge.

    Thanks

    CONEAL

    No, your Judgment is against him, not against her. You cannot collect from her.

    Child support is family court; your judgment is in civil court - two different things AND the wife's refund check (assuming you are talking about IRS) is not an automatic forfeit for child support.

    And, yes, the easy part is the Judgment. The hard part is collecting on the Judgment. Lots of business people shield their assets by having a business in one party's name and the assets in another.

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