Legal Question in Credit and Debt Law in Georgia

We lived in GA. the past 10 years.My wife was on long term disability insurance the past three years. Two months ago she was awarded social security and back pay. She was'nt aware this was a loan(long term disability insurance). She purchased a needed vehicle in cash. Can this creditor put a lein on her vehicle if she adds her husband on the title. Also can they come after husband bank account if wife is on account.


Asked on 8/20/12, 9:33 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Her creditors can come after any joint asset (bank accounts, cars, etc).

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Answered on 8/20/12, 10:57 am

If the wife has creditors and she conveys the car to husband either solely or adds him to the title for the purpose of defrauding her creditors and if the creditors find out about it, it is a fraudulent conveyance and the creditor can bring legal action to undo the transaction. If the wife commits fraud, she also cannot file bankruptcy.

Adding the husband's name will not protect the car from seizure by creditors if they obtain a judgment against her. In such case, the creditor could execute by having the car seized by the sheriff and sold. The wife's portion of the proceeds would go towards the judgment.

Since the wife gets SSDI/SS, then the wife needs to get a separate bank account from her husband. She cannot commingle put another person's name on the account if that person does not also receive SSDI/SS. She also cannot put her own non-exempt funds into the account.

You do not indicate what kind of debt is owed (have not heard of a disability loan), how much she owes or what your wife wants to do about it. I would consult an attorney before any transfers of any property take place. It may be that the loan can be repaid over time.

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Answered on 8/20/12, 2:00 pm


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