A judgment has been made against me for nonpayment of credit card, can this judgement be collected from inheritance? 20 Answers as of August 13, 2012

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Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
Your inheritance is probably not attachable (although collector may put lien on probate case, if there is one).
Answer Applies to: Rhode Island
Replied: 8/13/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
If the inheritance has been put into an account in your name it would be considered your property and available to satisfy your obligation to a judgment creditor.
Answer Applies to: Michigan
Replied: 8/7/2012
Alvin Lundgren | Alvin Lundgren
When you take possession of the inheritance the creditor can try to attach or garnish the proceeds.
Answer Applies to: Utah
Replied: 8/10/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Once they have a judgment the creditor can garnish your salary and freeze your bank account. Once that inheritance money goes into your bank account, they can freeze it.
Answer Applies to: New York
Replied: 8/9/2012
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
A judgment can be enforced in MA for 20 years. A Judgment creditor can put a levy on bank accounts, wages or even personal property unless the property is exempt as defined by statue. I am unclear what your specifics are but if the inheritance is in a bank account with your name then it is fair game. Or if it is still part of the estate then the creditor has 1 year from the date of death to file a claim against it.
Answer Applies to: Massachusetts
Replied: 8/8/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    The answer is : YES, it can.
    Answer Applies to: Ohio
    Replied: 8/8/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Yes AFTER the inheritance has been distributed to youIf the will/trust has a spendthrift clause they might not be able to get at it before it is distributed.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    T.K. Byrne | Timothy K. Byrne
    It may be collected against the debtor's estate.
    Answer Applies to: Mississippi
    Replied: 8/8/2012
    Harris, Yug & Ohlinger
    Harris, Yug & Ohlinger | Roberta Ohlinger-Johnson
    Yes. It is not exempt under NRS 21.090 by reason of being inheritance. There may be other reasons for exemption, however.
    Answer Applies to: Nevada
    Replied: 8/8/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    The short answer is yes, they can seize an inheritance to satisfy a judgment. The longer answer is there may be ways to protect you such as compromise, and/or bankruptcy. This answer presumes that the inheritance is liquid (i.e. money) and not real property.
    Answer Applies to: New Jersey
    Replied: 8/3/2012
    Alan Smith | Alan Smith
    It can be collected from most assets you own. There are certain things that are exempt from garnishment, but an inheritance is not one of them in general.
    Answer Applies to: Florida
    Replied: 8/8/2012
    James T. Dunn PC | James T. Dunn
    Yes. Utah has an exemptions statute that precludes a judgment creditor from seizing specific assets set forth in the code. Inherited assets are not specifically exempt from execution. See Utah Code Ann 78B-5-505. The property can be seized one it is in control of the debtor. It cannot be seized while still in the hands of the person who created the inheritance gift.
    Answer Applies to: Utah
    Replied: 8/8/2012
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    I cannot be directly taken from an inheritance, however, it can be collected by other post judgment remedies available to a creditor, which may include a wage garnishment or a bank account levy.
    Answer Applies to: California
    Replied: 8/8/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    It depends on where you place your money, they can garnish your bank accounts. I would contact them to set up a payment plan or a discounted lump sum payment to avoid possilbe garnishment.
    Answer Applies to: Michigan
    Replied: 8/8/2012
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