Legal Question in Credit and Debt Law in Alabama

garnishment

My husband has a judgement agajnst him for 7,000. Yesterday he recieved garnishment papers. He is on permanent, total disability and the papers say the garnishment cant come out of this. We live in a house my father bought for my son, but since he was a minor at the time the house was purchased it was put in our name in a life estate. Upon our death the house goes into my sons name. We also have 1 car. Can they take the house or the car in the garnishment?


Asked on 1/03/09, 10:10 am

1 Answer from Attorneys
Randal Ford Ford Firm

Re: garnishment

The car might be able to be attached and sold. You and your husband do not have title to the house (you only have a life estate - a right to "use" the house while you live)so they cannot take the house.

Contact a local lawyer and have them draft a notice of statutory exemptions (personal exemptions). It should be about a one page or two page document that lists personal property that is exempt from attachment (I believe the total exemption for both spouses is $6,000). Put your car in the list. Then send a copy to the creditor's lawyer CERTIFIED MAIL RETURN RECEIPT REQUESTED - AFTER - the paperwork is FILED in the Probate Court of the County you live in. You can file it yourself, just get the lawyer to draft the claim of exemptions. If the lawyers or creditor "attach" any of the property on the claim of exemptions call me and we'll see if we can sue the creditor for damages.

Read more
Answered on 1/03/09, 10:17 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Alabama