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Can the state of nj enforce a judgement against my florida…

Customer Question
Can the state of...

Can the state of nj enforce a judgement against my florida property when I die

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New jersey

Lawyer's Assistant: Has anything been filed or reported?

There is a judgement filed in new jersey with the office of the attorney general, division of law

Submitted: 7 months ago.Category: Legal
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10/2/2017
Lawyer: Attorney2, Attorney replied 7 months ago
Attorney2
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: Attorney2, Attorney replied 7 months ago

What type of a judgment is this? It is possible to attach a judgment from one State to real property in another State. They generally do this sooner rather than waiting until later. Have you checked to see if anything has been recorded against your real property?

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Lawyer: Attorney2, Attorney replied 7 months ago

"Once a judgment is entered against you, the creditor is now called a judgment creditor, and you are called a judgment debtor. Judgment creditors have many more collection techniques available to them than do creditors trying to collect debts before getting a court judgment...

Limits on What Property Judgment Creditors Can Take

What property the creditor can take varies from state to state. Usually, the creditor can go after a portion of your net wages (up to 25%, more if the judgment is for child support), bank and other deposit accounts, and valuable personal property, such as cars and antiques.

Not all of your property can be taken, however. Every state has certain property it declares “exempt.” This means it is off limits to your creditors, even judgment creditors. Just because you owe money, you shouldn’t have to lose everything. You still need to eat, keep a roof over your head, clothe yourself, and provide for your family. If you have very few possessions, you may find that most of what you own is exempt.

Methods of Collecting Judgments

Here are the most common ways judgment creditors collect their judgments from debtors.

Wage Attachments

The first item of your property most judgment creditors will go after is your paycheck, through a wage attachment (or wage garnishment). A wage attachment is a very effective technique for a judgment creditor if you receive a regular paycheck. Your employer takes a portion of your wages each pay period and sends that money to your creditor before you ever see it.

Federal law allows the judgment creditor to take up to 25% of your net earnings or the amount by which your weekly net earnings exceed 30 times the federal minimum wage (currently $7.25 an hour times 30, equals $217.50), whichever is less. Net earnings are your gross earnings less all legally mandated deductions, such as withheld income taxes and unemployment insurance.

A few states offer greater protections for judgment debtors about to lose their wages." https://www.nolo.com/legal-encyclopedia/how-creditors-enforce-judgments.html

"To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.

How long does a judgment lien last in Florida?

A judgment lien in Florida will remain attached to the debtor's property (even if the property changes hands) for ten years (real estate lien) or five years (personal property lien).

Keep in mind: In Florida, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If things get complicated, you may want to talk with an experienced Florida bankruptcy and debt attorney to help you sort out any lien issues." https://www.nolo.com/legal-encyclopedia/judgment-liens-florida-46828.html

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Lawyer: Attorney2, Attorney replied 7 months ago

Depending on the type of Judgment a lien can be placed on your real property in Florida.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Thank you for your consideration.

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Lawyer: Attorney2, Attorney replied 7 months ago

Are you still online with me? Do you have any additional questions for me?

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