What to do about civil judgement and keeping my assets?

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What to do about civil judgement and keeping my assets?

I have a civil judgement against me. Can I gift my spouse all of my belongings to avoid a sheriff’s sale. Also, can they take my transportation? I am deemed disabled by SSI and that is my only income and the tranportation is my only way to my doctors.

Asked on August 14, 2010 under Bankruptcy Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A civil judgment is one step in the process of obtaining monies from you.  Once a civil judgment is obtained by the petitioner or plaintiff, then that plaintiff petitioner must now seek a separate method to obtain the monies.  He or she must usually go back to court if you do not voluntarily pay and attempt to work something out with you and the judge as the final determiner.  If you still don't pay, a warrant may be issued but usually the individual can place a lien on your home or vehicle or ask to garnish your wages.  Laws have changed with respect to obtaining garnishments on your bank accounts regarding SSI payments.  Additionally, simply placing title in your spouse will not help in most situations.  The title may be in your spouse's name but it still may be considered a joint asset.  Consider working something out with the judge, explaining you need your vehicle for transportation. 


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