QUESTION

I have a judgement against someone who recently got married and moved to the next county over. Is there a way to collect this judgement from both?

Asked on Jul 30th, 2014 on Civil Litigation - North Carolina
More details to this question:
I have a judgement against an ex boyfriend who owes me about $7400. I live in Wake County, NC but he lives im he next county over. We went to court in his county and I won. He recently got married and lives in Wake County. They are not garnishing his wages, but how can I get my money from him (since I know he's working)? Can I go after his wife's property too? Also, he has been 'expecting a huge settlement' from years ago. How can I find out if and when he is going to get this? Can I take my money out of that?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If NC law is similar to the law of the states in which I practice, you would have the right to enforce your judgment by (a) garnishing the judgment debtor's wages up to a certain amount (provided that the wages are high enough and that you have priority over any other creditors; incidentally you say "they" are not garnishing his wages - if NC is like other states, you, as the judgment creditor, would be the one garnishing the wages by following the proper procedure); cause the debtor's assets to be sold (you would not have the right to "go after" the separate assets of the debtor's wife); and (c) obtain information, under penalties of perjury and on pain of being held in contempt of court, from the debtor about his finances (through which you can obtain information about the expected settlement.)
Answered on Jul 30th, 2014 at 9:21 AM

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