Charlotte, NC asked in Collections for North Carolina

Q: I later moved to North Carolina. Is my wife’s property safe from my debt

I have a judgment from nine years ago in Florida. I sold my property and left the country for five years. I moved to North Carolina with my new wife. she purchased a house under her LLC which I don’t own. We have a prenuptial agreement about separate debts and separate assets filed before the debt occurred. I have no bank account in my name and cash my paychecks. Is my spouse safe from collection efforts in North Carolina?

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: A judgment for money owed against you personally should not be collectible against any assets in your wife's name only unless the creditor can prove that you are hiding your assets by placing them with her LLC or in her name. In order to do so, the creditor would have to undertake additional proceedings or a new lawsuit. Florida judgments are enforceable for 20 years. In order to reach tangible assets other than a bank account with a national bank or a bank with locations in Florida, the creditor would have to file a lawsuit in North Carolina seeking to have the Judgment recognized here. There is no wage garnishment for unpaid North Carolina judgments. Even if the creditor were to have the judgment filed in North Carolina, you would be allowed to claim your exempt property before the creditor could seek to enforce a North Carolina judgment against you.

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