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BizAttorney, Attorney
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Experience:  Over 12 years of business and legal experience.
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Before I got married a few years ago I accrued some credit

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Before I got married a few years ago I accrued some credit card debt. I lost my business and had some illness wich unfortunately made it so that I couldn't pay the creditor. Judgements were placed and now they have filed for a writ of execution. My husband and I have currently seperated so I am no longer living in his home but he is worried that they will come into his residence and seize property. All of the furniture and vehicles are in his name, I don't own anything except a 2006 scion car that he made the payments on and just paid it off. I have tried to negotiate and work with them but they won't accept anything but payments that I cannot afford until I get better and can return to working. My question is can they come after anything my husband owns or enter his home even though we have seperated?

BizAttorney :

Good evening! I can help you out with your legal question tonight. No, they cannot take anything your husband owns since Utah is a separate property state. They could see your name on a bank account and seize it, but then you could attend the hearing and show the money isn't yours etc.

BizAttorney :

So they can come after things your husband owns (big ticket items, house, car, etc.) if they somehow believe you have an interest in the asset.

Customer:

Sorry I'm somewhat confused. So they CAN seize big ticket items even if they aren't in my name or I no longer live in the house or own anything?

BizAttorney :

Creditor can always seize an item, but then they need to be able to back that seizure up at a hearing if contested. So if they do their research and find out you bought the house when you were married, but only his name is XXXXX XXXXX then yes, they could lien the house and justify it since you have a 50% ownership interest in the house, despite your name not being on it. Does that make sense?

Customer:

Ok. The house was purchased by him before the marriage. He did purchase a car while we were married but it is his in his name and he is worried they can seize it or his furniture since I was living in the house previously.

BizAttorney :

No, the furniture won't be seized unless he is still paying on it. Is it all paid off?

Customer:

Yes, he paid his car and furniture off.

BizAttorney :

Then he does not have anything to worry about. Household items are exempt from creditors up to a certain dollar amount.

BizAttorney :

That is why creditors usually only go after big-ticket items and then wages, bank accounts, etc.

Customer:

Ok

Customer:

Thank you

BizAttorney :

You are very welcome! Good luck and have a good night. Please leave me feedback before you go.

BizAttorney :

Take care.

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