Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am sorry for your situation.

What should my husband bring?

If he does not have it, he does not have to bring it - it is that simple. He does not have to bring any "proof" that he does not have what the attorney is not asking. Ergo, from what you describe, he should bring:

-Federal and State personal tax returns for 2009, 2010 and 2011.
-deeds to the homes
-title to the vehicle

If there is nothing else that fits, then no need to bring it. By the way, what is being requested is textbook standard for a post-judgment discovery action.

In addition, my husband is disabled. Does he have to go to their office or can he just bring the documents?

This gets a little subjective. You husband can handle this in one of two ways:

1) He can simply send the information with a letter that due to his Disability, he cannot come. The attorney cares more about the documents than anything else, so they may not even really care that he did not show, as long as the documents were sent. Now, the attorney may object and file a Motion to Enforce in Court to have him show (for what reason I cannot fathom since he got the documents) and then of course, your husband would have to go to court and explain why he reasonably could not show.

2) Your husband may file a Motion to Quash in Court, asking the Court to quash the motion's request for him to come. Generally, a Subpoena can be objected to if it is "oppressive or unreasonable."

Of course, your husband may simply call the attorney and the attorney may agree to receive it in the mail without issue.

I hope this resolves soon and in your favor. Good luck.

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Apologies for the wait, Monica.

What is a post-judgment discovery action...

This is a general term where a winning party that holds the judgment requests financial information from the Defendant (you in this case) so they can attempt to collect and satisfy on the Judgement.

why would the attorney ask for the deeds to our homes since they are in both of our names.

Whatever is in your name is XXXXX XXXXX be "fair game" for collection efforts on a judgment. A real estate property may have a lien placed upon it due to judgment, rendering it unsellable until the payment is paid off.

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Indeed, I am afraid.

You see, just like if your name was on a bank account (even if you did not really use it) - then this bank may be subject to levy to satisfy judgment under the assumption that the money is yours; likewise is for any real estate property. If your name is XXXXX XXXXX title, then as far as the law is concerned, that real estate property is fair game for judgment lien, I am afraid.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

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Hello Monica,

A judgment lien is one way to ensure that the person who won the judgment gets the money under judgment. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property.

Now, Pennsylvania protects real and personal property that is jointly owned by a married couple of one whom is the Defendant from being sold due to a judgment lien. This is what you are referring to. The lien clouds the title, but the lien will only be satisfied if the couple voluntarily sells the joint property.

Marital Property is owned as a tenancy by the entirety. The concept of tenancy by the entirety applies to marital property defined in Title 23, Chapter 35 of the Pennsylvania Consolidated Statutes.

According to the general rule, marital property consists of all property acquired by either party during the marriage, as well as the increase in value of any property that was acquired prior to marriage. 23 Pa.C.S. § 3501.

So it is EXEMPT FROM SALE - yes. But it is not exempt from being liened against. Indeed, this is quite right; although I can understand the confusion surrounding the issue.

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