There is judgment against me from a lawsuit in NJ. My spouse is not a party to the case.

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Can liens be placed on joint accounts or our home?

Attorney Answers

3
Lawrence Rubin ·
A NJ judgment is not a lien on PA real estate. Judgments from NJ need to be domesticated in your county to affect anything. Joint accounts in PA are exempt from attachment by a creditor of one spouse. They can be levied upon, but you can claim an exemption at a court hearing and get it released.
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Daniel Mueller ·
Mr. Rubin is correct. Even if a creditor domesticates an out-of-state judgment in Pennsylvania, any joint marital property in Pennsylvania is protected against the creditors of one spouse by the doctrine of tenancy by the entireties. The only thing I would add is this limitation on collection in Pennsylvania, coupled with the fact that there is no wage garnishment in this state for most debts, may place you in a good bargaining position to settle the debt for less than the balance. You may wish to speak to an attorney who handles debt negotiation.
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Vincent Rubino ·
As usual, I agree with Attorneys Rubin and Mueller. The jointly held assets (entireties property) are safe from execution, even in the judgment is domesticated in (aka. transferred into) PA. If the judgment is domesticated and filed in your home county it would not serve as a valid lien against your property as long as it remains jointly owned between you and your wife. Nonetheless, you might wish to take Attorney Mueller's advice and attempt to settle the debt, although if the creditor is not aware that you have moved to PA I see no reason to let them in this little secret.
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