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Enforcement and locating trust in state

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mollym.sequoia@

Junior Member
What is the name of your state? Idaho (and California)

I have a judgment against a woman who gets income from a trust in Idaho. The judgment was in California. The womans mom manages her trust money but itsn't on the judgment. Im planning on filing a foreign judgment in Idaho so I can possibly lien the trust or any other bank accounts the debtor has in Idaho. What forms would I need to file to go about doing this?
 


Taxing Matters

Overtaxed Member
What is the name of your state? Idaho (and California)

I have a judgment against a woman who gets income from a trust in Idaho. The judgment was in California. The womans mom manages her trust money but itsn't on the judgment. Im planning on filing a foreign judgment in Idaho so I can possibly lien the trust or any other bank accounts the debtor has in Idaho. What forms would I need to file to go about doing this?
The first step is domesticating the foreign judgment in Idaho. The link I provided is to a page from the Idaho courts that explains step by step what you need to do. That's going to be the more straightforward part. Actually attaching the beneficiary's interest in the trust may prove frustrating. A lot depends on what kind of trust it is. If it is trust that the mother or someone else other than your judgment debtor set up and contains spendthrift conditions you may find that you'll not get much, if anything from the trust (though you can at least prevent her from getting much from it too). Idaho law prevents assignments of trust interests to persons who are not residents of Idaho. There are other hurdles as well, depending on the trust details. I recommend you consult an Idaho trust attorney about this to decide whether you realistically will have a shot at getting anything before you put much time and money into chasing the trust.
 
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