I provided the professional services that he paid for, but he was able to convince the small claims judge that I should pay him back. We were going to submit our bankruptcy at the time, so I didn't show up in court.
Legally he has a judgment against me. We will be filing BK in a month or so.
Thank you for your follow-up, Tom.If he has a formal judgment against you then he can indeed pursue collections. If the property is under your name, he can indeed place a levy against you because there is a formal legal judgment out out against you under which he can seek collections. This is a situation where if he legally has a judgment, he can pursue you, and really the only ways to avoid the levy is to either pay off the debt or to convince the other party to agree to not attach the levy against your property. I am very sorry.
My wife and I are both on the deed. We have no equity, the mortgage is slightly higher than the property would sell for. We already have another lien on the property from a credit card company. There wouldn't be any benefit to selling the property for him.
The levy notice is asking us to file for exemptions, wouldn't this be for the court to see that we have no equity for them to distribute?
Thank you for your follow-up, Tom.My apologies but having no equity is not an exemption. A property that has no equity today may have equity next year due to local property cost increases. That is not the means of removing the levy.Good luck.
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