How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11490
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

A final judgement has been made against me after been sued

Customer Question

A final judgement has been made against me after been sued by an association. I own $17000 after fees and interest. I was to respond in 45 days. I reached out to the lawyer of the association within this time with a proposed payment plan (as recommended by the judge and there lawyer) and they said they would get back to me. I have inquired since and I have not hear from them. Now the 45 days has passed I am wondering what are the implications here. Could I get arrested for not paying? I have not filed anything with the court.
Help
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What type of association is this? (i.e. HOA, COA, or other homeowners association? Is it in reference to real property?)

Customer:

home owners

ScottyMacEsq :

Have they made any claims / liens against the property at issue? Has there been any foreclosure proceedings, etc...?

ScottyMacEsq :

*have there been, that is

Customer:

the property was foreclosed in 2011, but they came after me for the fees

ScottyMacEsq :

I see. I was thinking that this was the case, but I wanted to make certain...

ScottyMacEsq :

Unless there is a specific order in place telling you to do something that you knowingly and intentionally do not do, you're not going to be arrested.

ScottyMacEsq :

That is, there's no such thing as "debtor's prison".

ScottyMacEsq :

You could be held in contempt for failing to abide by a court order, but that's not simply because you don't pay.

ScottyMacEsq :

Rather, it would be some other order (such as an order to complete some documentation, attend a mediation, etc...) that you intentionally refuse or fail to comply with.

ScottyMacEsq :

In short, they can seek to garnish any wages that you may have, although they can't garnish certain retirement income, disability, social security, etc...

Customer:

oh I see. hmmm, post the final judgement the law firm sent me a fact sheet to fill out

ScottyMacEsq :

You should fill out that sheet.

ScottyMacEsq :

This is part of "post judgment discovery".

ScottyMacEsq :

And the court can order you to do this, and hold you in contempt for failing to do it.

ScottyMacEsq :

It could get to the point that the court would issue a bench warrant to arrest you and hold you in jail until you actually do fill it out, but that's typically only after all other efforts to get you to fill that out have failed.

Customer:

I have not filled it because they are asking for spouse information. I am not working but my husband is. He did not own this property it was prior to our marriage

Customer:

can they go after him

Customer:

/

Customer:

?

ScottyMacEsq :

You can try to withhold the spousal information as irrelevant.

ScottyMacEsq :

If they don't have a judgment against him, no.

ScottyMacEsq :

So if his name is XXXXX XXXXX the judgment, they can't go after his assets.

Customer:

oh so I can leave that section blank or say not applicable

Customer:

what about joint accounts

ScottyMacEsq :

Joint accounts need to be disclosed (as these are yours as well as his)

ScottyMacEsq :

You can object to the information asked about him as irrelevant.

Customer:

they have asked for tax return

ScottyMacEsq :

If it's a joint tax return, you should give it. There's very little that they can't ask for that pertains to your assets.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

is it illegal to remove my name from his savings account

ScottyMacEsq :

At this point, possibly (if the intent was to defraud creditors, etc...) This would be a "fraudulent transfer" to avoid or hinder debt collection efforts.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

ok but since I am unemployment and actively seeking work I don't want to interfere with money.

Customer:

well this does help

ScottyMacEsq :

I understand, and that's why you should try to work with the attorneys to work something out.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

but they are not responding to me

Customer:

they just said that they would get back to me

Customer:

that's one reason I did not fill out the form

ScottyMacEsq :

I would continue to keep calling, maybe once a day or every other day, etc...

Customer:

ok I will. Thanks

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

thanks

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11490
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

i forgot to ask what if I filed bankruptcy

Expert:  ScottyMacEsq replied 1 year ago.
If you file bankruptcy AND the debt is discharged (which it probably would be) they couldn't do anything else to recover against you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.