Lostboy38

Jobless spouse has judgment against, but lawyer is attempting to dun "our" banks accounts. Recomendations?

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Looking for recommendations on what to do. 

 

My spouse foolishly signed a complaint against her for $2500 or so without  looking into what she should do first. 

 

She has no job, no income and absolutely no prospect for work.  The lawyer that file the complaint against her knows she is judgment proof but has attempted to take my state tax return for the last three years.  As my wife has no income, the tax return was awarded to me.

 

But now I believe the lawyer is going to attempt to take our (my) checking and savings account monies because her name is on the accounts. 

 

Any suggestions as to what I can/should do?

 

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Get her name off those accounts.  They can and will seize the accounts if her name is on them.  When there is a judgment the first action is to get the defendant's name off all joint bank accounts.  Michigan is not a community property state and that is why they could not take your state tax return for her debt. It is also why they will not be able to levy the bank account(s) if her name is not on them.  Do this NOW.

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I will do that on Mon morning when the bank opens.  Thanks

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Also, if she receives any money from any source, make sure that you know the rules for what items and $$ are exempt from collection in a judgment, and DON'T put them in an account with any other funds.

 

For example, in my state, net income from employment that is up to 40 X the state minimum wage , weekly, is exempt, and they can only garnish 25% of the rest.

 

Unemployment compensation is exempt, etc.

 

You can find the rules for MI online. That's where I found the MN rules, in instructions for people who have won judgments, ironically.

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I've looked at some of the MI rules (there are so many) and found that there is a chance they can come make me sell "our" properties, cars, land, home, etc.  Is this true and what can I do to protect myself from losing everything?

 

This is not my debt and I shouldn't have to pay for something she neglected. Any more advice?  (I'm trying to get her name off everything but that's a slow process.)

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I've looked at some of the MI rules (there are so many) and found that there is a chance they can come make me sell "our" properties, cars, land, home, etc.  Is this true and what can I do to protect myself from losing everything?

 

This is not my debt and I shouldn't have to pay for something she neglected. Any more advice?  (I'm trying to get her name off everything but that's a slow process.)

 

They can put a lien against ANYTHING her name is on.  Yes, it does hurt you as the innocent spouse but joint property is subject to debt liens.  The chances of them making you sell anything are slim to none for a debt this small because all the time and expense involved is likely to yield NO money for them once state mandated exemptions and other lien holders are paid first.  

 

What they might do is put a lien on the home preventing sale or refinance until the judgment is paid.  

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They can put a lien against ANYTHING her name is on.  Yes, it does hurt you as the innocent spouse but joint property is subject to debt liens.  The chances of them making you sell anything are slim to none for a debt this small because all the time and expense involved is likely to yield NO money for them once state mandated exemptions and other lien holders are paid first.  

 

What they might do is put a lien on the home preventing sale or refinance until the judgment is paid.  

Since this started 3 years ago, it is highly likely this is already in place.  You should check the property records in your county for liens on your real property.

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