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Re: how are judgements/arbitrations in delaware enforced?


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Posted by J Kelly (151.197.123.138) on June 24, 2004 at 09:50:57:

In Reply to: how are judgements/arbitrations in delaware enforced? posted by lovien on June 24, 2004 at 09:05:21:

http://www.bankruptcyinformation.com/DE_exemp.htm
First of all Delaware is a tenants by the entirety state. That means that since the judgements are against you ALONE, your house is exempt from judgement because it is in both you and your husband's name. Vehicles are generally not worth a lot at sheriff's sale, and since you and your husband own the vehicles jointly, they would have to give him half right off the top. Unless they are very expensive vehicles, I don't think they will be bothered, it is expensive to seize and sell vehicles at auction. The bank accounts might be something they would take, if they find them. To be on the safe side, I would open new accounts with just husband's name. At any rate, anything they try to seize would be half his. Sounds like you are judgement proof. Don't volunteer anything. Your household belongings again are worth very little at sheriff sale, not worth the cost of seizing it. You can file INDIVIDUAL BANKRUPCY and have the judgements vacated based on the bankrupcy. That would not effect your husband at all, and everything would be safe. Talk to a bk attorney. Depending on how much money you have in the bank (savings) you might have to move that money out of your name and wait about 6 months. You should be able to get a free consultation with a bk attorney. Actually, talk to a few of them and mention STATE exemptions and tenants by the entirety.


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