Which States Exemptions for a Judgment?

[WaitNSee]

Since I have decided to not file BK, at the present time anyway, how do the courts dictate which state's exemptions you are to use as a judgment debtor?

I know under the BK rules if I have not lived in my present state for two years I have to use the exemptions of the State where my former residence was. Does this apply to a judgment? I've not seen this anywhere on this forum or other links.

Thanks!

[WaitNSee]

I have searched the web today and if I were filing bk I would use the Federal Exemptions. The state I lived in during the time in question doesn't allow a non-resident to use their exemptions. I haven't been in Indiana long enough to claim it's exemptions, so that leaves federal.

Now my ? is, as a judgment debtor in Indiana which exemptions do I use...Indiana or Federal?

For some reason my last post never made it to "new posts", where I think it gets more viewing, so I'm hoping this will pop it up. Hope that's OKThanks!

[WhatMoney]

If your only legal residence is now in Indiana, you would use Indiana exemptions for a judgment. There are no Federal exemptions for judgments from a state court. BK court is Federal court. You get sued for unpaid debts in state courts.

For the purpose of obtaining a driver’s license, permit, or identification card, the term “Indiana Resident” refers to the following individuals:

* A person who is living in Indiana and who has no other legal residence.
* A person who has been living in Indiana for a least 183 days during the calendar year and who has legal residence in another state.
* A person who is registered to vote in Indiana.
* A person who has a child enrolled in an elementary school or a secondary school in Indiana.
* A person who received more than half of his or her adjusted gross income from Indiana.
* A person who is enrolled as a student of a truck-driving training school and has legal residence in another state but is living in Indiana temporarily for the express purpose of taking truck driver training.

Exemptions:
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. Indiana permits every judgment debtor domiciled in the state exemption of real and personal property constituting the personal or family residence an amount up to $7,500.00 in value. Some other exemptions may include other real or tangible personal property up to $4,000.00, intangible personal property up to $100.00, professionally prescribed health aids, interest in retirement plan and medical care savings accounts. (Indiana Code 34-2-28-1.)

In a bankruptcy proceeding, a debtor, who is a resident of Indiana, is not permitted to elect the exemptions provided under the Federal Bankruptcy Code even if the federal exemptions may be more beneficial in his situation. (Indiana Code 34-2-28-0.5.)

[WaitNSee]

Thanks WhatMoney, I trust you. Now I will settle down and start putting a value on my stuff.

[AngelinaCatHub]

I have to agree with "WhatMoney". I never heard of exempting I assume an existing Judgment. In your bk, you can have the Judgment set aside as in discharged, but it takes an effort. It is not automatic.

If the Judgment is for taxes or some traffic related cause, it cannot be discharged. If it is a simple civil Judgment from a person, then it can. If you are not going bk, then it is moot. You have the Judgment and it can be collected if you have anything collectible. 'Hub