Garnishment question....

[dipper]

Soc,

WE are in VA, October of 2004, judge ordered dh's ex to reimburse him $2800 for an joint expense that dh's wages were garnished for, with him paying the entire debt.  The ex wanted to pay $25/mo........which dh refused as it would take about 10 years.  He garnished her wages.  That is to come up on May 12 and we are doubtful there will be anything turned in.  The place she worked was closed at the end of February.  Since that time she is working two part-time jobs and seems to be doing better financially - no back rent, going on trips, buying ss goodies constantly as well as giving him money, and planning on a nice trip in a couple of months.

What we have found is that dh could garnish her bank account - but I guess she could just close the account.  The only thing she owns, other than maybe some bank cd's (which she would have ss name on as well) is an older model car.    Also, from what we read, there is no way to garnish either part time job as the person is allowed to keep 30 times minimum wage.  Plus, we dont know what one of the jobs is or where......

Are we overlooking any options to collect this debt?


Is it possible to do some sort of legal 'discovery' questionnaire to assertain her finances and options?


Is there a time limit in collecting this court ordered money, and if so, how long?



Thank you.....

[socrateaser]

>Are we overlooking any options to collect this debt?

You need to move the court to set a "judgment debtor" hearing, whereby you can ask all sorts of questions and obtain discovery as to the location and amount of the debtor's assets and income.

You ask for discovery of all her accounts, etc., and then you try to trip her up in court.

>Is it possible to do some sort of legal 'discovery'
>questionnaire to assertain her finances and options?

Yep. See above.

>
>Is there a time limit in collecting this court ordered money,
>and if so, how long?

Usually, 10 years, with a 10 year renewal option if filed within the first 10 year time limit, but every state has different specifics.

Sometimes it's better to wait a while so that the debtor thinks you've given up, and acquires some assets that you can execute against. And, then you strike.

What exactly is the reimbursement for?

[dipper]

What exactly is the reimbursement for?

Soc, it is for a joint bankruptcy.  They had gotten a bankruptcy approved and the garnishment out of his wages in December - and she left him in January, thus making him solely paying for the bankruptcy, child support, and raising one of the children full-time.  He repeatedly asked her to help out, but she refused to pay anything - wanting him to pay to file the total bankruptcy.  She took possessions that were included in the bankruptcy.

He once again tried to settle this last year, offering her the chance to pay less than half - but she refused.  When they went to court, the first thing the judge asked was ' Do you owe this money?'  She said "yes"   and then went on as to why she shouldnt have to pay though........

[socrateaser]

>He once again tried to settle this last year, offering her the
>chance to pay less than half - but she refused.  When they
>went to court, the first thing the judge asked was ' Do you
>owe this money?'  She said "yes"   and then went on as to why
>she shouldnt have to pay though........

Wow. She is MY kind of woman! Kidding...

My prior advice stands, except that if she is actually a party to the original bankruptcy, then you might be able to get a contempt order from the BK court for her failure to contribute her fair share for the cost of the discharge.

I'm not really certain about that one, though. Don't know that much about how Federal BK court deals with a petitioner who fails to pay, especially when there are two petitioners who are jointly liable for the debt.

I'd suggest that you hold that judgment debtor hearing, and cause her a little pain. Maybe she won't show up -- that would get you a contempt, and her a jail sentence.