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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110424
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife has a 21000 dollar judgement against her. She is ordered

Resolved Question:

My wife has a 21000 dollar judgement against her. She is ordered to appear in court concerning property she has. She is ordered not to dispose of her non-exempt property pending the hearing. Our home is worth less than what we owe. Can they take items belonging to me or both of us etc?
Submitted: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 years ago.
If the debt is a marital debt (one accrued during the existence of the marriage) then they can seek the assets of both you and her. Generally, the creditor cannot take a homestead, especially if the amount owed is greater than the debt. What they can do is seek to seize bank accounts and garnish wages to satisfy the debt. You should consider the possibility of bankruptcy to exitinguish the debt and this would also allow you to protect your home as well.

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