Legal Question in Credit and Debt Law in California

Judgement

My best friend has a judgement

against her for $100,000 due to

actions of her ex-spouse. Her ex has disappeared and now she is left with

a huge debt. In addition she owes

over $200,000 to the IRS from when

she and her ex were filing taxes

together. Being incredibly

embarrassed and without a job she is

thinking about leaving the country to

move to China with me. If she were

to move could her salary be

attached?


Asked on 10/25/08, 3:24 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Judgement

Generally, debts won't follow a person to other countries. The problem is, however, if she continues working in China for an employer who is in the United States, in theory wage garnishment orders issued to that employer here in the US MIGHT attach to her wages. Also, a judgment can be registered in some foreign jurisdictions - its not tremendously likely, but you are dealing with some pretty large numbers here - maybe enough that the creditors would pursue her in other countries.

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Answered on 10/27/08, 12:31 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Judgement

Depending on how old the taxes are, she might be able to discharge them -- and the judgment -- in a bankruptcy, depending on whether she qualifies. She should talk with an attorney before she leaves the country.

If she were to go to China, the government might try to attach her wages with a lot of effort for the taxes. I don't know what the likelihood would be, however. Certain treaties and protocols would have to be observed, however.

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Answered on 10/25/08, 7:07 am


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