Page 128 - Judgment Enforce Course
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Judgment Enforcement – The Step-by-Step Course
What does this mean for you as a Judgment Enforcement Expert?
• It means that if you live in a community property state, then wages, bank
accounts, and other assets of the non-debtor spouse may also be seized
to satisfy the judgment—if it is community property, and not private
property.
• It means that if a person marries someone with a judgment
against him or her, then in some instances the community property becomes
responsible for the old debt.
• It means that if there is a judgment against one spouse, and later they
divorce, the non-debtor spouse’s separate property is not liable anymore.
• It means that if your debtor was single at the time of the judgment, but is
now married, you can still go after the new community property in many
instances. For example, if the married couple opens a bank account together,
or buys a car together, these will likely fall under community property laws.
Remember that community property laws will differ a little from state to state. So when
the occasion arises, you’ll find the need to investigate the laws in your particular state.
Individual personal property versus community property:
Example: If a woman owns a car personally, and the car remains in her name alone after
she gets married, it’s generally considered not to be community property. The same with
money that was in a separate bank account and stays that way.
But once the vehicle or the money is put in the husband’s name, jointly, the character of
the asset changes. It is now community property.
Again, be sure to check the specific community property laws of your state. A good
Judgment Enforcer knows how to use them to help enforce the judgment.
Now, on to the main tools that the Judgment Enforcers use.
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