husband's ex-wife debt

[jumpinjackflash]

What is the name of your state? Georgia

My husband's ex-wife was evicted in 1994 for not paying her rent. She made him responsible for the debt when she filed for divorce. A judgement was taken against him in 1994 and he made payments for a while. However, he is now unemployed and on Social Security disability as his only income. Our checking account was garnished this weekend and a hold put on our joint account for the amount of $15,000. He went to court today to try to get the case dropped and was told that it would not be dropped. We know his SS benefits can't be garnished, but they are taking my paychecks. My husband was told that I am just as responsible for the debt as he is because it is a joint checking account. Is this true? Is there a statute of limitations on this type of judgement? How can I get my money back? I took money out of my checking account through ATM machine over the weekend so I could pay our bills. Will I get in trouble for this? My husband thinks the only way out of this is to file bankruptcy. If he does this, will we lose our house and cars?

[Ladynred]

YOU are NOT responsible for your husband's debts ! GA is NOT a community property state.

If you want to get that money back, you're going to have to prove what amount was YOURS and the source of it. YOUR funds are exempt from HIS debt/judgment.

You need to see a lawyer, ASAP and contest this and try to get YOUR share of the funds back. Meanwhile, you really need to open an account in your name only and put your paychecks into it. They CANNOT touch it if its solely in your name.

AS for bankruptcy and what you may lose - we'd need a few more facts about your assets/equity, etc. For the most part, you are not likely to lose house or cars if the equity in them is within the GA exemptions.

GA exemptions here:
[url]http://www.thebankruptcysite.com/exemptions/georgia.htm[/url]

You can also reaffirm any loans on secured property and usually get to keep them.

The SOL on judgments in GA is SEVEN Years. If it was NOT renewed, then the judgment SOL ran out LAST year. You need to call the courthouse ASAP and find out exactly when the original judgment was entered against him and if it was renewed last year. If it wasn't renewed, then they had no business taking that money to start with and you have something even better to fight them with.

[jumpinjackflash]

The judgement was actually made in Tennessee but we now live in Georgia and our checking account is in Georgia. The only judgement date that we have was 08/29/94. As far as we know it has not been renewed.

[Ladynred]

Even though the judgment was originally rendered in TN, in order for any eforcement of it to take place (ie. garnishments, etc.), the judgment would have had to have been 'domesticated' (moved) to GA. If that was not done, then you really have a legal battle on your hands - in your favor. Judgments in TN are good for 10 years, but if it was domesticated to GA, then I believe it would STILL only be effective for 7 - and that would mean it expired at the end of August LAST year.

I'll have a look at the GA statutes on foreign judgments to be sure. You should call your local and/or county courthouse and find out if the judgment WAS domesticated to GA - its important to know, especially the date.