Legal Question in Credit and Debt Law in Georgia

my husband loaned a "friend" a large sum of money a few years ago and the fiend never paid it back, we paid an attorney who obtained a judgment and placed liens against his properties but he owns his own cabinet company so we can't get a garnishment against his paycheck, and he's closed the bank accounts we had information about. He filed bankruptcy for his business and tried to include my husband's loan but because we attended the meeting of the creditors and because we had a promissory note from him personally they didn't allow it. We paid another lawyer a large sum of money to track his assets only to find out that he doesn't have clear title on any piece of property that he owns or any vehicle. We hired a collection firm that didn't collect anything. How can we legally make him pay the judgment amount?


Asked on 10/14/14, 9:14 am

1 Answer from Attorneys
Rachel Hunter

You can't. If he has made himself judgment proof you just have to keep reviving the judgment for execution purposes and continuing to check bank accounts. Vehicles will be paid off at some point. Your judgment acts as a lien - he also cannot sell the property because the judgment is on there.

You need to keep checking assets to vehicles and real property periodically to make sure he does not try to dispose of these assets. Does he have anything of value in personal property? The sheriff can seize it if he does - antiques, paintings, guns - these are all examples.

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Answered on 10/14/14, 10:52 am


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