Can I garnish an inheritance to collect on a promissory note?

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Can I garnish an inheritance to collect on a promissory note?

A debtor who signed a promissory note of $23K to me has only paid me $3K in 5 years. The promissory note was to cover the money I had to pay to release a lien that the state of CT put on the house that was in both of our names. The lien was put there because the debtor committed welfare fraud in the 80’s that I didn’t know about and the state caught up with her and found out her name was on our house. She’s inheriting $300K currently from 2 aunts that recently passed away. She acknowledges the debt but doesn’t want to pay when she gets money.

Asked on September 16, 2010 under Bankruptcy Law, Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should file a lawsuit against the debtor for the amount owed on the promissory note plus interest.  Once you have a judgment against the debtor on the promissory note, you can enforce the judgment by trying to recover the amount of the judgment from the inheritance and/or other assets.   


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