Question for you judgement gurus

[albacore44]

My son is planning on getting married later this year to a girl he met and fell in love with. She seems to be a pretty good person, but we were recently talking and she told me she had a few problems in her past, i don't care so what we all do. she told me she had a judgement for an unlawful detainer, some crap about an old roomate etc. So i looked into the court records. Yes there is a default judgement filed last year by the law firm representing the apt complex they rented from. The judgement is in the name of all 3 renters. However it looks like LA Sherriff tried to serve for wage garnishment at her prior employer but it was filed as unsatisfied. She no longer works (well under the table (cash)) . So it looks like this judgement was never collected on. First thing that jumps out at me is he better not add her to any bank account. Will they be able to track down her name change ?? How long will this follow her ?? Thanks

[AngelinaCatHub]

My son is planning on getting married later this year to a girl he met and fell in love with. She seems to be a pretty good person, but we were recently talking and she told me she had a few problems in her past, i don't care so what we all do. she told me she had a judgement for an unlawful detainer, some crap about an old roomate etc. So i looked into the court records. Yes there is a default judgement filed last year by the law firm representing the apt complex they rented from. The judgement is in the name of all 3 renters. However it looks like LA Sherriff tried to serve for wage garnishment at her prior employer but it was filed as unsatisfied. She no longer works (well under the table (cash)) . So it looks like this judgement was never collected on. First thing that jumps out at me is he better not add her to any bank account. Will they be able to track down her name change ?? How long will this follow her ?? Thanks

It is easy to locate her new name. Public records. A Judgment in FL lasts about seven years and can be renewed three times. About 21 years. The Judgment is for money and accrues interest. They can levy the whole amount against any one or all of the three. She and the other two have a 100% judgment and not a one third. In other words, if they satisfy the judgment on one person, the other two are off the hook. Not fair, but true.

She can appeal the Default Judgment, and I know you read me and I know you understand my fear of judgments. They are anvils upon your head. Should be avoided by all means. If she makes a motion to appeal, it will stop the collection procedure temporarily and may trigger a trial. She then could negotiate to pay her one third with the party holding the Judgment through the Court system and mediation. Then the residual amount would be made against the other two and she could be free of it. 'Hub

[albacore44]

So it looks like this is something that will need to be cleared up one way or another. not sure if they were able to collect from the other parties. and they can't get anything from her at this time since she moved back home and owns nothing of value and works for cash out of the house. but once married, my son would be exposed since everything they own now and the future is joint, and if she were to get a regular job, she could have wages garnished.

[DeadManCrawling]

Depending on the state, one method would be available to protect assets, since they are going in eyes open to this.

If Tenancy By The Entireties is recognized, they can title everything they acquire in that method. I would suggest making sure to add that to every asset, regrdless of whether TbE is assumed under state law. This would at least give them time to consider options and could place some of their assets beyond creditors reach.

It only works if TbE is recognized in their state.

[dingdong]

She could contact the attorney in the case and offer a settlement with a stipulation. Settle for X and release her from the judgement upon payment.

Get everything in writing that states she has satisfied the judgement.

How much is the judgement for?

Perhaps she can get the attorney to work with her, especially since she is working under the table and they have nothing to attach the judgement to, unless she has assets.

She doesn't want to get dragged into court for a debtors exam. She will have to declare under oath what her income is, under the table or not.

Judgements are good for 10 yrs and can be renewed every 10 yrs in california.
Have you checked the county records to see if it is recorded. Does it show up on her CR?

If your son and GF ever try to buy a house, they will most likely have to satisy it before they get a mortgage.

It may be a good idea to nip it in the bud before a bunch of interest is added over the years.

Contacting the attorney will give them an address though and possible open her up to be served for a debtors exam.

It may be best to have them save some money, so they have a viable offer ready and then make the offer.

I would definitely keep their money separate, so they don't attach a bank account with her name on it.

[albacore44]

looking at case history, all 3 parties were on the judgement amount $2700 + .62 a day interest. only her former employer was served for garnishment, but it came back unsatisfied. not sure where the other 2 defandents disappeared to, but they must not have caught up with them.

[No Gravy]

First thing that jumps out at me is he better not add her to any bank account. Will they be able to track down her name change ?? How long will this follow her ?? Thanks

Congrats to your son!

No matter what her name is, she still has the same social security number. That's how they will find her.

[BigJohn]

My son is planning on getting married later this year to a girl he met and fell in love with. She seems to be a pretty good person, but we were recently talking and she told me she had a few problems in her past, i don't care so what we all do. she told me she had a judgement for an unlawful detainer, some crap about an old roomate etc. So i looked into the court records. Yes there is a default judgement filed last year by the law firm representing the apt complex they rented from. The judgement is in the name of all 3 renters. However it looks like LA Sherriff tried to serve for wage garnishment at her prior employer but it was filed as unsatisfied. She no longer works (well under the table (cash)) . So it looks like this judgement was never collected on. First thing that jumps out at me is he better not add her to any bank account. Will they be able to track down her name change ?? How long will this follow her ?? Thanks

If they get married out of State, and depending upon what State, it might be hard for the other party to find her.