Legal Question in Credit and Debt Law in Georgia

1. I have a judgment for $8000 plus against a debtor in Georgia.

2. Have completed and filed the FiFa, Interrogatories (on which the debtor perjured himself on a few questions), filed a garnishment that failed and am now doing subpoenas on documents to several banks, a mortgage company and credit card companies.

3. The debtor is a scam artist who has nothing in his name except joint ownership in the house with his wife. He has no bank account in his name, only hers. I believe they work the scam together but cannot prove same. In Georgia, I cannot seize or garnish anything in her name. The wife also works for an insurance company full time.

4. However, I think that I have found a loophole that would allow me to change the balance of things. The husband and wife own Siberian Husky show dogs that they show together. The dogs are in both names. If the wife is co-mingling money for paying veterinarian bills and other household expenses would that then make her funds "garnishable"?

5. The husband works "under the radar" so attempting to garnish his jobs is next to impossible as he works small jobs for which he is paid immediately. He then cashes the checks received at the customer's bank.

I would appreciate any suggestions/ideas on how to trip this debtor up.

Asked on 8/31/10, 6:09 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re number 4, no that isn't a way to get at her funds. There's no such loophole.

Since you have failed at every turn, you have two options: (1) Keep spinning your wheels, or (2) Hire a good collections lawyer.

While a good lawyer will take part of any collection, he MIGHT succeed where you failed. Bear in mind some people truly are judgment proof, so you might not succeed.

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Answered on 9/05/10, 6:23 pm

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