Legal Question in Credit and Debt Law in Arkansas

can garnishment be withheld from real estate sale

I have a wage garnishment against me that i am currently paying. My mother passed away but had given us (her seven children) a quit claim deed to her house prior to her death. we have sold the home but now the deed people are saying that this garnishment has to be paid from the sale of the house even though creditor has judgement against my wages. Is this right?


Asked on 5/23/07, 12:10 pm

1 Answer from Attorneys
Brandon Moffitt Moffitt & Phillips, PLLC

Re: can garnishment be withheld from real estate sale

The creditor most likely has a judgment against your wages, assets, and any assets that may come into your possession. Since that is the case, the creditor may recover up to 1/7 (your share) of the income from the sale of the property to satisfy the judgment.

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Answered on 5/23/07, 3:36 pm


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