Legal Question in Credit and Debt Law in California
Judgement
My best friend has a judgement
against her for $100,000 due to
actions of her ex-spouse. Her ex has disappeared and now she is left with
a huge debt. In addition she owes
over $200,000 to the IRS from when
she and her ex were filing taxes
together. Being incredibly
embarrassed and without a job she is
thinking about leaving the country to
move to China with me. If she were
to move could her salary be
attached?
2 Answers from Attorneys
Re: Judgement
Generally, debts won't follow a person to other countries. The problem is, however, if she continues working in China for an employer who is in the United States, in theory wage garnishment orders issued to that employer here in the US MIGHT attach to her wages. Also, a judgment can be registered in some foreign jurisdictions - its not tremendously likely, but you are dealing with some pretty large numbers here - maybe enough that the creditors would pursue her in other countries.
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Re: Judgement
Depending on how old the taxes are, she might be able to discharge them -- and the judgment -- in a bankruptcy, depending on whether she qualifies. She should talk with an attorney before she leaves the country.
If she were to go to China, the government might try to attach her wages with a lot of effort for the taxes. I don't know what the likelihood would be, however. Certain treaties and protocols would have to be observed, however.