Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
What type of association is this? (i.e. HOA, COA, or other homeowners association? Is it in reference to real property?)
Have they made any claims / liens against the property at issue? Has there been any foreclosure proceedings, etc...?
*have there been, that is
the property was foreclosed in 2011, but they came after me for the fees
I see. I was thinking that this was the case, but I wanted to make certain...
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.
That is, there's no such thing as "debtor's prison".
You could be held in contempt for failing to abide by a court order, but that's not simply because you don't pay.
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.
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...
oh I see. hmmm, post the final judgement the law firm sent me a fact sheet to fill out
You should fill out that sheet.
This is part of "post judgment discovery".
And the court can order you to do this, and hold you in contempt for failing to do it.
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.
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
can they go after him
You can try to withhold the spousal information as irrelevant.
If they don't have a judgment against him, no.
So if his name is XXXXX XXXXX the judgment, they can't go after his assets.
oh so I can leave that section blank or say not applicable
what about joint accounts
Joint accounts need to be disclosed (as these are yours as well as his)
You can object to the information asked about him as irrelevant.
they have asked for tax return
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.
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!
Did you have any other questions before you rate this answer?
is it illegal to remove my name from his savings account
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.
ok but since I am unemployment and actively seeking work I don't want to interfere with money.
well this does help
I understand, and that's why you should try to work with the attorneys to work something out.
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!
but they are not responding to me
they just said that they would get back to me
that's one reason I did not fill out the form
I would continue to keep calling, maybe once a day or every other day, etc...
ok I will. Thanks
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!
You're welcome, and again, good luck to you!
i forgot to ask what if I filed bankruptcy
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).