QUESTION

Default judgment and rental income

Asked on Jul 15th, 2014 on Civil Litigation - Arizona
More details to this question:
I have a default judgment in AZ and I plan to have my property rented out and to move and live with my brother in CA. I was wondering if for the default judgment can garnish my rental income and how?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes.  I'm not familiar with the particular procedures used in Arizona, but I assume they are pretty much the same as the jurisdictions in which I practice primarily.  If you don't satisfy the judgment, the judgment creditor can (a) force you to answer questions about your assets and income (if you refuse you can be held in contempt of court and jailed); (b) garnish any regular income you receive (such as rental income) in the amount allowed by law (there is usually a limit on how much can be garnished from any one payment, but I don't know the limits in Arizona); and (c) force the sale of your assets (including the property you are renting out), using the proceeds to pay the judgment and any attendant fees (for the sheriff, receiver, etc.)  If your assets and/or income are out of state, the same remedies would apply, but it would take a little longer because the judgment creditor would have to get the judgment "domesticated" in the relevant state.
Answered on Jul 15th, 2014 at 1:13 PM

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