Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2012
    Posts
    6

    Default How to Collect a Judgment for a Security Deposit from the Debtor's Spouse

    My question involves judgment recovery in the State of: VA

    I signed a lease agreement with the husband of a married couple. When I moved out, they didn't give me the security deposit. I sued the husband and became the judgement creditor. The husband says that he lost his job, has been separated from his wife since 2005 but had been living together, but now was kicked out of the house by the wife recently. From the sales record of the house, I found that he sold the house (the basement of which I had rented) to his wife in 2006 and the wife sold it to someone else in 2007, but she is still a co-owner of the house.

    The house has two basement rental units and these are the surest source of my collecting the judgement amount. I also know where the wife works and her full name, but her salary is not good. Can I garnish the rental income from the basement rental units or the wife's salary? Or should I have to sue the wife or the other house owner?

    I appreciate help.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Collecting Money (Security Deposit) from the Judgement Debtor's Wife (Real Landla

    You can generally attach any jointly owned assets. Given that he no longer owns the house, you can't touch that. You also cannot touch her salary.

    You cannot sue the wife; you've already litigated the issue. The husband remains the sole debtor. You had the option to sue them jointly, but because you didn't, it's a done deal.

  3. #3
    Join Date
    Aug 2012
    Posts
    6

    Default Re: Collecting Money (Security Deposit) from the Judgement Debtor's Wife (Real Landla

    Thanks for your reply Dogmatique.

    I'd like to just make sure - I rented the unit in 2010 and the lease was between the husband and me. The husband had already sold the house to the wife in 2006, but I didn't know. When I met him at the court for interrogatories, he told me that he and his wife separated in 2005, that he didn't own the house, and that he just acted as a manager of the house. So, the situation is that I sued the manager (separated husband) thinking that he was the owner. My question is, is it possible to abandon the judgement creditor status on the manager explaining to the court that I sued a wrong person without my knowing, and sue the owner (separated wife) now?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Collecting Money (Security Deposit) from the Judgement Debtor's Wife (Real Landla

    No, it's really not. Google "res judicata".

    You had one shot at the apple already; the court (unfortunately for you) doesn't care if you sued the wrong person or sued the person with no assets from which you can collect. You can't have two bites of the apple, so to speak.

  5. #5
    Join Date
    Aug 2012
    Posts
    6

    Default Re: Collecting Money (Security Deposit) from the Judgement Debtor's Wife (Real Landla

    Thanks Dogmatique. I understand now.

    1. Sponsored Links
       

Similar Threads

  1. Appeals: Appeal of Judgment for Return of Security Deposit
    By spinka in forum Civil Procedure
    Replies: 6
    Last Post: 07-28-2012, 08:27 AM
  2. Garnishment and Execution: Spouse Has Judgment Against Him, Can They Collect from My Personal Accounts
    By misswon in forum Civil Procedure
    Replies: 1
    Last Post: 07-20-2011, 11:17 AM
  3. Debt Collectors: Attempt to Collect on an Old Debt - What Are the Debtor's Rights
    By Xmartian in forum Debts and Collections
    Replies: 1
    Last Post: 03-18-2011, 06:47 AM
  4. Security Deposits: Retaining Security Deposit After a Tenant's Suicide, Spouse Moved Out
    By usmcwife in forum Landlord-Tenant Law
    Replies: 8
    Last Post: 06-22-2010, 06:55 AM
  5. Security Deposits: Cannot Get My Security Deposit Back Even After I Received Judgment in My Favor
    By o1o1 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 04-08-2009, 09:18 PM
 
 
Sponsored Links

Legal Help, Information and Resources