Writ of garnishment

[Hosserdog1]

What is the name of your state?What is the name of your state? Idaho

My husband and I recently moved from Oregon to Idaho in order to get him closer to a VA hospital due to his failing health. I had to quit my job, losing health insurance and benefits in order to make the move and stay home to take care of him.

Approximately 4 years ago, a collection agency, without any prior contact or attempts to collect payment, garnished my checking account for almost $600 a month over medical bills from 1995. I called them and tried to work out some kind of payment arrangements, but they refused to work with me. I couldn't afford payments of $600 a month, so I was forced to file bankruptcy on it.

Yesterday, my husband received a writ of garnishment over these same bills. The original amount was $4,100 and now with interest, the amount is almost $8300.

Our only income now is my husband's VA benefits (100% service-connected disability). I know that his checks are not garnishable, but we bought a house (with his VA monies) and he also has a classic pickup appraised at $20,000.

Can they force us to sell the house or the pickup to satisfy this judgment? These are the only two assests we have and with no retirement sources, my husband was counting on these two things as my "security" if something happens to him. Can I put these in my name only so they can't take them from us?

Thank you for any assistance or advice regarding this matter!

What were the loans for and where was the judgment entered against you and your husband?

[Hosserdog1]

undefined

The judgment is mainly for medical bills after I had emergency surgery with no health insurance.

The judgment was entered in Medford, (Jackson County) Oregon.

[JETX]

Originally Posted by Hosserdog1

Can they force us to sell the house or the pickup to satisfy this judgment?

Actually, those other questions aren't relevant. The ONLY issue here is... did you include this debt/judgment in your bankruptcy???
If so, then they would be precluded from making a post-discharge demand.

Can I put these in my name only so they can't take them from us?

You could try to do it, but it would likely be unsuccessful. Your 'hiding' the asset as you describe would be a 'fraudulent conveyance'.

fraudulent conveyance
n. the transfer (conveyance) of title to real property for the express purpose of putting it beyond the reach of a known creditor. In such a case the creditor may bring a lawsuit to void the transfer.

[Ladynred]

Have the moved the judgment to Idaho ??

Idaho IS a community property state, so they can go after your husband for it IF they moved the OR judgment to ID.

However, as JetX mentioned, IF you included this debt/judgment in your bankruptcy, there is no way they can collect at all. In a community property state, the non-filing spouse is protected from creditors of the filing spouse, just as if he had filed too, for as long as you are married.

[JETX]

Originally Posted by Ladynred

Have the moved the judgment to Idaho ??

Idaho IS a community property state, so they can go after your husband for it IF they moved the OR judgment to ID.

Good catch, LIR!!! Thanks.

[Ladynred]

Anytime

I get it right sometimes

[JETX]

Originally Posted by Ladynred

Anytime

I get it right sometimes

Aw, hell. You get 'em right far more often then you get 'em wrong.... and a even more often that a lot of the 'claimed experts' on this forum.

[Hosserdog1]

They have not moved the judgment to Idaho, but I'm assuming they will try once we return the Challenge to Garnishment based on the VA benefits being exempt from garnishment. All of these debts were discharged under my bankruptcy. I was also fairly certain an attempt to transfer things into my name would constitute a fraudulent conveyance.

I want to thank you all so much for your help and suggestions regarding this. This is truly an awesome forum. I commend you all for your time and effort in helping people with their legal problems!!!