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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-02-2000, 12:19 PM
guerito
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I used to own a small corporation (C) and was sued as a individual "doing business as" a company. I didn't have the money to fight the DBA error, and took a judgment as an individual DBA a company. My question is this: can the creditor attach any personal property that i own that is jointly held with my wife with rights of survivorship? The creditor tried to do this to our bank account, and the bank sent the attachment back to the sheriff's office unsatisfied for this reason. The debt outstanding is $4600.00 and my concern is that the creditor will try to attach my home and car (both joint tenant w/rights of survivorship). Can the creditor do this? Do you think an Attorney could have the previous judgment thrown out for naming me as an individual responsible for the debt? Judgments, I believe in Missouri become official at the three-year point.

Thanks for your valuable assistance.

Bryan
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Old 09-02-2000, 01:36 PM
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<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by guerito:
I used to own a small corporation (C) and was sued as a individual "doing business as" a company. I didn't have the money to fight the DBA error, and took a judgment as an individual DBA a company. My question is this: can the creditor attach any personal property that i own that is jointly held with my wife with rights of survivorship? The creditor tried to do this to our bank account, and the bank sent the attachment back to the sheriff's office unsatisfied for this reason. The debt outstanding is $4600.00 and my concern is that the creditor will try to attach my home and car (both joint tenant w/rights of survivorship). Can the creditor do this? Do you think an Attorney could have the previous judgment thrown out for naming me as an individual responsible for the debt? Judgments, I believe in Missouri become official at the three-year point.

Thanks for your valuable assistance.

Bryan
<HR></BLOCKQUOTE>

If the creditor has a judgement against you, any assets that you own can be attached even if you are a joint owner. If the judgement was already awarded, you can not go back and object since the case is closed already.
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