QUESTION

What can we do to lessen the judgement amount against my wife?

Asked on Sep 28th, 2013 on Bankruptcy - North Carolina
More details to this question:
Lived in Minnesota till 2011, now North Carolina. I am disabled. There is a judgement against my wife and me for $54,000 in legal fees from our former attorney. Before my heart condition our Minnesota Attorney did work for us in Minnesota. We had to move to warmer climate for my health. My wife can only work part-time then takes care of me. I'm unable to work due to my terminal illness. 14-heart attacks, 2-open heart surgeries. We're unable to pay. We receive Disability payments and are on food stamps. My 14-year old son receives death benefits due to his mother’s death in 2002. We are poor.
Report Abuse

1 ANSWER

The short answer is to file bankruptcy. You indicate that the judgment was entered against you and your wife. Therefore, you both are liable for the judgment. Where was the judgment entered? NC? Or Minnesota? If the judgment was entered in Minnesota, the attorney would have to have the Minnesota judgment transferred to NC and enforced like an NC judgment. If it was entered in NC then its is an NC judgment already. To enforce, the creditor would have to serve both you and your wife with exemptions. The NC exemptions are very generous and there is no wage garnishment in NC. From what you relate, your disability and other money/benefits would be exempt from any creditor's claims. You do not indicate what other assets you have, although you state that you are poor (many folks are - nothing to be ashamed of). Any property that you would own in Minnesota would be at risk. You have a terminal illness. I am sorry for that. In such case, it might not make sense for you to do nothing and not file bankruptcy. However, your wife should consider it if she does not want this hanging over her head. While there is no wage garnishment in NC, it is sometimes possible for an out of state creditor to get wages garnished depending on the employer and where they are located. I think I would take a wait and see approach. I would wait and see if the lawyer makes a move to transfer the Minnesota judgment to NC providing that you have no assets at all in Minnesota. I would get separate bank accounts and do not commingle your SSDI with any other income. The food stamps should be on an EBT card and could not be garnished either. If you pass, your wife can then see about filing bankruptcy once she gets back on her feet somewhat. If the attorney does try to move the judgment to NC and enforce it, make sure that you see a lawyer to help with the exemptions so that you and your wife fill them out correctly.
Answered on Oct 23rd, 2013 at 1:01 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters