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Judgements in KY


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I live in KY and there has been a judgement filed against my by Weltman, Weinburg and Reis. I have no income, no bank account, no property except the house that I live in (which is in BOTH my husband's and my name).

Since they have not been able to garnish any wages or bank accounts from me, they are trying to file a lien against any of my property. Does that include the house? Can they do that? And if so, what does that mean? Do we have to pay them before we can sell, or can they actually take the house?

Also, can they take any tax refund we are entitled to from my husband's employment?

This was something my ex did to me, and I can't prove it. Long story.

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Does that include the house?

Yes.

Can they do that?

Probably, but that would depend on the laws in KY whether or not there is tenancy by entirety on the house and if it protects the house from the debts of just one spouse.

And if so, what does that mean? Do we have to pay them before we can sell, or can they actually take the house?

In most cases it means you couldn't sell the house w/o paying them first. They COULD force the sale of the house, but it's unlikely, especially if it's not a huge debt and you have equity that is protected by the state exemptions.

Also, can they take any tax refund we are entitled to from my husband's employment?

A debt collector can't touch tax refunds and couldn't take anything that doesn't have YOUR name on it anyway. About the only way they'd get their hands on it is if the refund money went into a joint bank account.

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