 | 
03-24-2006, 10:16 AM
| | Junior Member | | Join Date: Oct 2005
Posts: 4
| | | Collecting from deadbeat
Arizona
I have a friend that has a judgement against her ex from their divorce. He has remarried and does nothing to pay this debt. He has put all of his things in his new wifes name but since Arizona is a community property state can she still go after that property?
Can my friend go after things that the new wife brought into the marriage but that has been comingled? |
03-24-2006, 10:48 AM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,529
| | | Yes, assuming that transfers to the new wife weren't specifically made and maintained as her separate property by agreement (and you can do that, even in a community property state, but it's not easy and the burden is on the new wife to prove that it happened and continued that way.)
But one would think that, aside from chasing a joint bank account, there are easier ways to collect than going after personal property. Doesn't the guy work? |
03-24-2006, 07:16 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | Is this a judgment stemming from the divorce, was is entered by the family court ? Has she tried dragging him back into court for contempt ??
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
|
03-24-2006, 07:39 PM
| | Member | | Join Date: Mar 2006
Posts: 46
| | Quote: |
Originally Posted by Ladynred Is this a judgment stemming from the divorce, was is entered by the family court ? Has she tried dragging him back into court for contempt ?? | Ladynred brings up a very good point. |
03-25-2006, 05:34 PM
| | Junior Member | | Join Date: Oct 2005
Posts: 4
| | | Reply
This case is stemming from a divorce. The husband had agreed to pay for a vehicle and give it to the wife in the divorce. He quit paying and the car company repossed the car. She went to court and got a judgement against him for the amount that the vehicle was valued at in the divorce papers.
She has tried a garnishment but he simply changes jobs and ignores her. It seems that the next thing would be a Writ of General Execution. This would allow the sheriff to sieze property but only if the property is known.
Hence the original question. |
03-25-2006, 05:46 PM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | | The easiest thing to do with a writ of execution is to get bank accounts frozen...but no, your friend is not entitled to the new wife's property or money....she is only entitled to the ex's portion. She needs to find a professional because it is likely that any personal property that is worth anything is already encumbered. |
03-25-2006, 06:23 PM
| | Member | | Join Date: Mar 2006
Posts: 46
| | | Perhaps she should thank her lucky stars that her hands are now all washed clean from this guy and move on. Is a car worth the grief and stress? |
03-25-2006, 07:22 PM
| | Senior Member | | Join Date: Oct 2005
Posts: 1,529
| | Quote:
Originally Published by weenor
but no, your friend is not entitled to the new wife's property or money
| weenor - if it's a community property state, why couldn't she reach the wife's portion of the community, even if it's a premarital debt? | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
All times are GMT -5. The time now is 06:36 PM.
