Posted by Wayne-NC on January 30, 2006 at 19:33:27:
I see how you could draw that conclusion. This husband is not the “sharpest tool in the shed” if you know what I mean. So, I don’t think that either of them could plan such an evasion. I did have a local sheriff perform on a writ of exection and he determined 2 years ago that there were no assets to seize. Since that time I assume that any assets that may have been accumulated are in her name as I damaged his credit and not hers. This is what I am banking on.
Suing husband and wife seperately - Posted by Wayne-NC
Posted by Wayne-NC on January 30, 2006 at 12:27:01:
I have a current judgement against the husband who is all I sued 2 years ago. They have since moved back into my county and I believe that all the income and assets are in her name now. I would like to sue her “on my own turf” for the same amount. Can I do that? Can I hold a separate judgement on each for the same debt of money owed? Should I sue both of them together in my county? If I collect on one will I have to satisfy the other as paid? I don’t think that I can collect twice and nor do I want to. How do I get myself into these things? Don’t answer that!
Posted by John Merchant on January 30, 2006 at 14:47:33:
While I would probably have recommended suing both in same action (generally better practice ist to name all possible defendants in same suit), if you have not yet sued W, then yes, you can do so now.
Posted by Wayne-NC on January 30, 2006 at 18:25:50:
Yes, I should have sued both at the same time but I had to go to a county 2 hours away to sue and I figured the husband would be enough to conclude this episode. Now they both moved back to my county. So, they are both within “shootin’ range” of my legal abilities. I will obtain a judgement against her and can probably collect. What happens to the current judgement in the foreign county that is against the husband in this situation? Do I bring this up in the new case? Thanks for your input. Hope to meet you at a convention.
Posted by Garrett Sutton on January 30, 2006 at 19:06:50:
I would consult with your attorney locally but there may be a fraudulent transfer angle to the case. That is that the husband, to avoid this claim, improperly transferred the assets to the wife. The court can then demand both husband and wife satisfy the judgment. Good luck, Garrett