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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have a judgement against me in NC. I now live in NJ. I just

Resolved Question:

I have a judgement against me in NC. I now live in NJ. I just received a letter from a lawyer in NJ asking me to fill out a form in regard to my assets, it also said that the judgement had been transfered from NC to NJ about 3 months ago. I never received notice of this tranfer , can I make them serve me with the new judgement before filling out this form ?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- You can ignore the request if it is just from a lawyer but the problem is that if the judgment has been certified in NJ the lawyer can file a motion with the court to order you to appear before a judge and be questioned under oath as to your assets. That is a lot more stressful than simply providing the information to the attorney but you definitely have the right to be ordered by the court to testify. It will add more court costs tot he judgment but not attorney fees.

My suggestion is to at least check the court records where the judgment was supposedly filed in NJ and make certain that the judgment is actually on file. There would be no requirement to notify you as the letter from the attorney obviously notified you of the situation and the court record is public. If the judgment is on file then you can make the choice as to whether you will cooperate with the attorney's request or wait to be ordered into court by a judge.

Customer: replied 5 years ago.
I have no assets in my name with the exception of a car worth approx 6000, all paid off. Can they take this ? and can I transfer it to my wife in the mean time ? Thanks
Expert:  Dave Kennett replied 5 years ago.
Anything you transfer would be considered by the court as a "transfer to avoid creditors" son it would do you no good to transfer property at this point. Anything transferred within a year before the judgment is usually not exempt. If the car is paid for it can be subject to attachment. The only way to completely protect yourself would be to seek protection in bankruptcy. That will discharge most debts and you can generally protect most of your assets if you have only a small amount.
Customer: replied 5 years ago.
Is there a value that the car has to be before they are likely to take it ? and how likely are they to find any assets that I have transfered in the past year ? The question I really am asking is how likely, in NJ , are they to search and find the small assets that I have transfered ? less 10,000, Thanks
Expert:  Dave Kennett replied 5 years ago.
Very unlikely. They don't want old cars and furniture etc. They are looking for bank accounts and where you work in order to garnish wages. You always have the opportunity to file for bankruptcy protection if things get out of hand but in reality they want assets that are liquid not something they have to sell.
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