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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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IF A JUDGMENT IS FILED AGAINST HIS PROPERTY, WHAT DOES THAT

Customer Question

IF A JUDGMENT IS FILED AGAINST HIS PROPERTY, WHAT DOES THAT ACTUALLY MEAN? DOES THAT PUT ME IN FIRST PLACE TO GET PAID IF AND WHEN HE SELLS IT, OR WHAT?
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
Could you provide a few more facts?
Customer: replied 4 years ago.

HE IS BEHIND ON MONTHLY COURT ORDERED PAYMENTS OF $1000.. NO PAYMENTS SINCE 2/09.

HE IS BEHIND ON MONTHLY INTEREST PAYMENTS OF $500/ MONTH ON OUR PROPERTY SETTLEMENT NOTE.

HE IS BEHIND THREE YEARS ON THE PROPERTY SETTLEMENT NOTE OF $12,500 PER YEAR .

 

THIS TOTALS AROUND 67,000.

 

I WAS TOLD THE BEST WAY WAS TO GET A JUDGEMENT ON HIS $490,000 PROPERTY (THAT IS THE PRICE LISTED IN THE TAX OFFICE)

Expert:  Dwayne B. replied 4 years ago.
Yes, that is a good idea. A judgment does protect you and to some extent the amount of protection depends on the order of judgment, but not a lot.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 4 years ago.
MY ACTUAL QUESTION WAS: IF A JUDGEMENT IS FILED AGAINST HIS PROPERTY, WHAT DOES THAT ACTUALLY DO? DO I GET MONEY WHEN HE SELLS IT? AM I PART OWNER? WHAT??
Customer: replied 4 years ago.
SO IF I FILE FOR A JUDGEMENT. WHAT MAKES HIM START MAKING CURRENT PAYMENTS. FILING FOR CONTEMPT OF COURT?
Expert:  Dwayne B. replied 4 years ago.
Yes, contempt of court or you start trying to garnish or execute on his property. Filing a judgment clouds the title to his real property and also allows you to start trying to garnish bank accounts, seize property, etc.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 4 years ago.
the property is in both his name and his girlfriends. if he finds out i am about to do this, can he somehow get his name taken off and just put in her name?
Expert:  Dwayne B. replied 4 years ago.
Not once you file. That is considered a "fraud on a creditor" and the court will reverse the transaction.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Customer: replied 4 years ago.
So I shouldn't tell him I am going to do this if he doesn't start paying? I hate to do it without warning--I have too soft a heart I guess. But he knows that and figures I wouldn't do anything like this. Not good to give him a threat?
Expert:  Dwayne B. replied 4 years ago.
If you send him a letter, CMRRR, and tell him what you are about to do then a court would likely still find that any transfers are void. They may do it anyway, but you want to have as much evidence as possible.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27297
Experience: Began practicing law in 1992
Dwayne B. and 10 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
sorry to keep at this...he owns alot of guns, rifles, 7 horses, many saddles, about 15 bronzes worth $3-5,000 each. Are things like that seizable property? Can he hide all that? Our children (35 and 30yrs old) just visited him and saw all these things.
Expert:  Dwayne B. replied 4 years ago.
No problem. Ask until you're satisfied.


He can try to hide it. What you may want to do is have your lawyer do a quick deposition and ask what he has and where. Have a list made out and when he doesn't list things, ask him about it to make sure he knows you know.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.





Customer: replied 4 years ago.
OK, ONE MORE THING. IF HIS PROPERTY WENT INTO FORECLOSURE AFTER A JUDGEMENT, WHERE WOULD I STAND? IF THERE WAS MORE VALUE IN IT THAN HE OWED THE MORTGAGE COMPANY WOULD THAT THEN BE MINE, UP TO WHAT HE OWES?
Expert:  Dwayne B. replied 4 years ago.
The mortgage company would have first dibs on the money, you'd have dibs on the next part, and so on.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27297
Experience: Began practicing law in 1992
Dwayne B. and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I JUST FOUND OUT HE MAY HAVE A 401K FROM A PREVIOUS EMPLOYER BACK IN 1995. IS THAT SOMETHING THAT COULD BE GARNISHED OR CLAIMED TO COVER SETTLEMENT OF A JUDGEMENT?
Expert:  Dwayne B. replied 3 years ago.
Not usually. 401k and retirement plans are protected from judgments.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



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Dwayne B.
Dwayne B.
Lawyer
27297 Satisfied Customers
Began practicing law in 1992