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I had a judgement issued against me personally after a business

Resolved Question:

I had a judgement issued against me personally after a business suit (court was in Franklin, Indiana). Judgement was in early 2012 for 15,000 plus interest, totaling about
22,000.

I have never received payment requests or other communication from plaintiff or attorney since the judgement. This week, a letter was sent to my husband's address in Colorado requesting 15,000 or payments (we are married, but I and my business live in Arzonza, he lives in Colorado; judgement was against me, not including him or the business).

I did offer a cash settlement immediately post-judgement, via letter to their attorney, but got no response.
My retail shop is closed, and although not shut down on paper, I'm doing no business. I start a 34,000 a year job in August.

What are my options--including ignoring the judgement (which, in court, the judge told the plaintiff might happen due to economics of the time and situation)?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. Indiana judgments are good for 20 years, which means the judgment holder (a/k/a the judgment creditor) can pursue you for this long on this debt. Because the judgment is against you personally, they can only go after you personally, not your husband or his wages etc. Further because you are now in AZ, they'd have to petition an AZ court to recognize the judgment and come after your non-Indiana based assets. For example, if you have property remaining in Indiana, they could put liens on that to satisfy the judgment. But to garnish your wage in AZ, they'd have to have an AZ court issue reciprocal judgment, then motion the AZ court for a garnishment.

The fact they've written your husband in Col. to me means that they have no idea where you are. Every option you choose has positives and negatives - 1) you could just ignore it, the positive being you dont pay now and they still don't know where you're at, the negative being interest of at least 6% is accruing on your judgment and what if they find you later - you then have a greater judgment to pay; 2) call them and try to make a deal for payments- the positive being you have a formal agreement to address the debt and will have the matter resolved and not have to avoid them for 20 years; the negative being if the negotiations fall through or you later cannot make those payments, they now know where you are and will try to perfect the judgment in AZ. As you can see, there is no perfect solution for you, each has a potential downside.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Attorney
Category: Legal
Satisfied Customers: 3119
Experience: Licensed and practicing attorney.
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