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Judgement enforcement if you move to a state with different exemptions

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    Judgement enforcement if you move to a state with different exemptions

    If I get a judgement in FL where Inherited IRAs are exempt (the only money I have and am worried about)

    should I move to a state where they are not can the creditor then go to court in that state and collect?

    Do they have to file a new case?

    #2
    They would likely need to "domesticate" the judgement. it is my belief that they need only domesticate (file) the already obtained judgement in the new State. They can then proceed to collect assets or obtaining garnishments in that new State where the judgement is now domesticated.

    Do you already have judgements?

    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      As Justbroke correctly pointed out, if one or more of your creditors have judgments, moving to another state will not slow down collection efforts for long. A judgment creditor does not need to sue you again. A court has already ruled that you owe the money. The judgment creditor can easily domesticate their judgment into your new state of residence, and proceed with attempting to enforce said judgment.

      The only judgment exemptions which matter are the exemptions which are available in the state where you are presently living. It does not matter what exemptions were available in the state where the debt was incurred, or the original judgment was granted. In other words, if you move to a different state, the fact that certain property was exempt in your previous state of residence does not protect that property from being seized or attached. Your inherited IRA would be fair game unless you move to a state which specifically exempts inherited IRAs.

      Comment

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