Legal Question in Credit and Debt Law in Minnesota
How to collect debt after a judgment
A former bookkeeper for my husband's S-corporation was convicted and sent to prison for theft by swindling after it was discovered she had stolen approximately $75,000 from his company, and another 40,000 from other small companies. She will be out of prison in May of 2005. She does not have a whole lot of assets currently, although her husband is currently working, and we assume that she will find some sort of job when she is released. I have discovered that she has declared bankruptcy, and she owed credit card companies hundreds of thousands of dollars. What are our options here? Can we garnish his wages? Can we garnish hers when she is released? Can we go into bank accounts? We have filed a writ of execution, but by looking at what the criminal has a right to keep, there is not anything else that we know of that she has that would be worth getting. Her leased vehicle is still sitting in her driveway while she is in prison. I realize that there is really no use trying to ''get blood from a turnip'' so to speak, but if she gets out of prison and starts working, isn't there some way that we can get some of that money? I have not seen any indication that she has any plans on paying this money back.
2 Answers from Attorneys
Re: How to collect debt after a judgment
In such cases, the prosecutor and Judge generally require as a condition of probation a payment of all restitution. This is the best way to proceed. Contact the prosecutor in your case aand/or the probation officer.
Re: How to collect debt after a judgment
If she filed BKY,her debts are discharged.
Were you included in that?
You cannot go after her husband.
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