QUESTION
How can I collect $100,000 from a person that is divorced without any assets?
Asked on Sep 06th, 2012 on Divorce - Pennsylvania
More details to this question:
A person owes me $100,000. We have a notarized promissory note in just his name. He recently got a divorce, and all assets are in his wife’s name. There are two properties currently on the market for sale and was wondering if I can put a lien on them. Since the debt was made while they were married, would that not be a community debt?
10 ANSWERS
You would have to sue both of them and get a judgment in both names before you could lien the property.
Answered on Sep 14th, 2012 at 9:50 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the person transferred the assets to avoid the judgment that is illegal. Putting a lien on someone's property is very risky. Do not put a lien on anything without a consultation from a lawyer. These may not be community assets and if you try to put a lien on them you will be sued.
Answered on Sep 14th, 2012 at 9:50 AM
If you have a judgment you can put a lien on the properties.
Answered on Sep 14th, 2012 at 9:49 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Sue on the note, get a judgment and record it where the real estate is.
Answered on Sep 14th, 2012 at 9:49 AM
Steven D. Dunnings
Michigan does not recognized community property. If the property was given to the wife through the judgment of divorce, then you are out of luck. If the note was in the husband's name alone, you are out of luck.
Answered on Sep 14th, 2012 at 9:36 AM
If you did not get a mortgage for the loan then you made a mistake. You should consider suit to get a judgment so you have a judgment lien.
Answered on Sep 14th, 2012 at 9:30 AM
Leonard A. Kaanta
You have to have judgment to get a lien.
Answered on Sep 14th, 2012 at 9:28 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can file a lien in any county you want. It will only have effect if the person attempts to buy, sell, or transfer property after the lien is recorded. If the husband's name is not on the property, then the lien will have no impact on the sale proceeds.
Answered on Sep 14th, 2012 at 9:27 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Florida is not a community property state. You need to sue the person who owes you the money and get a judgment. You may even need to file a fraudulent conveyance suit to get at the assets owned by his wife.
Answered on Sep 13th, 2012 at 11:05 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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This is very complicated and not nearly enough information is presented upon which a thorough response can be given. You should consult with and retain an attorney to review the matter and help determine if you are able to lien the property or go after the spouse as well. It is unclear if this is a marital debt or one acquired during their marriage.
Answered on Sep 13th, 2012 at 10:59 PM