Ron Artest aka Metta world Peace
I am not a lawyer, I am a judgment and debt referral expert (Judgment and Collection Agency Broker). This article is my opinion, based on my experience in California, and laws vary in each state. If you ever need legal advice or a strategy to use, please contact a lawyer.
What if you have a judgment against a married debtor, but not against their spouse? Of course, your judgment debtor drives a nice car, lives in a nice house, and you know their spouse recently inherited a large sum of money.
What can one do if the spouse of the debtor did not commingle funds in any way, and had separate banking accounts, etc. What if they did not use their inheritance to pay any community property bills? Can you have the sheriff levy the separate property inheritance to repay your judgment?
Separate property, including an inheritance, of one spouse is usually not available to any creditors of the other debtor spouse. In California, a community property state, it is completely proper for non-debtor spouses to maintain separate assets. In California, only the spouse’s share of the community property is available to satisfy a judgment.
Any financial planner would advise a non-debtor spouse to keep their accounts separated, when there are judgments or debts against the debtor-spouse. For a good discussion about laws about this, look up “In re Haines, 33 Cal. App. 4th 277.”
A basic rule of community property, is that all property acquired during a marriage is community property unless there is a specific separate property exception. This means there is a general presumption that property acquired during the marriage by either spouse, other than by gift or inheritance, is community property, unless it is traceable to a separate property source.
The general presumption of community property can be overcome with any credible evidence, including tracing an asset to a separate property source, or showing an agreement or clear understanding between parties that an asset was acquired as a gift, or should be considered separate property.
Often, married couples share checking accounts and commingle income and debts. When that is the case, California, CCP 700.160(b)(2) allows a community property bank account to be levied, with a declaration as simple as this:
I, –, judgment creditor (or assignee of record), declare as follows:
On –, a judgment was entered in the favor of Plaintiff(s) against the judgment debtor — in — COUNTY Superior Court case # –.
I am the Assignee of Record in this matter. I am over 18 years of age. I have personal knowledge of the facts herein, except as to those facts stated to be known upon information and belief, and as to those facts, I believe them to be true. If called upon to testify, I could and would competently testify thereto.
I have full knowledge and believe to be true that judgment debtor — is married to –.
As permitted by California Code of Civil Procedure 700.160(b)(2), I hereby request a levy be placed on the bank account of –, who I believe to be married to and the spouse of Debtor –.
I declare under penalty of perjury and the laws of the State of California, that the above is true and correct.
Your Date and Signature.
With such a declaration, make sure to include any evidence you have, that shows that the debtor and the non-debtor are married, and that the property you want the sheriff to levy, is indeed community property. Such evidence could be marriage records, banking, utility, property records, etc.
When one does not have enough strong evidence, one may need to think outside the box. One idea is to send the local Postmaster the USPS “new address” form. Send one with the non-debtor spouse’s name on it, and send another one with judgment debtor’s name on it. If they both come back as “mail is delivered” to the same address, that can be evidence. If either spouse is on Facebook or another social network, check if there are any self-proclaimed “married to’s”.
So you’ve made the decision to publish your own community magazine, but what now? Where do you go for advice, information and above all, inspiration?
Despite its growing popularity, the business of publishing local community magazines is not covered to any great extent on the internet and there are very few web sites where you can get informal advice and communicate with like-minded people. Unlike normal publishing, the business of publishing local community magazines is very often the domain of individuals working alone for much of the time, and it can become a solitary existence.
Basically, there are two types of local community magazines favoured by aspiring local publishers. The first comprises booklets, usually in A5 size, containing local trade and business advertisements, and this type of magazine is generally distributed around your local area free of charge, with income being made from advertising revenue alone.
There are several franchise opportunities available for this type of community magazine which can prove to be a great way to get started as almost everything you will require is included in the package, including software, advertisement templates and on-going support. The drawback to this type of opportunity is the initial cost of your investment, which can be as high as several thousand pounds. A number of companies now offer local community magazine publishing franchises and a search on the internet will enable you to obtain further information from those readily available.
The second type of local community magazine offers a much more personal reflection on your community, comprising the recollections of local people and a study of your town’s local history, which are compiled into a saleable product. It is unlikely that you will find a franchise opportunity available for this type of magazine and if you decide to go along this path then much of the groundwork will have to be done by yourself. However, in terms of overall interest, this type of magazine will offer much more appeal to your readers.
Establishing a local community magazine featuring the recollections of people from within your home community along with studies of your town’s local history can be accomplished with very little financial investment. It is possible to begin printing your magazines from home using a suitable laser printer until you have established a circulation sufficient to meet the cost of commercial printing. Even if you opt for commercial printing from the outset your initial investment could be relatively small.
The main difference between these two very different types of magazines is that one is distributed free of charge, while the second has to be marketed and sold, although as we have already learned, the second type of magazine produces a very saleable product.
A magazine based primarily on local advertising can be highly lucrative but the competition can be intense as there are already a large number of similar publications in circulation and you may well find yourself competing against large-scale organisations. On the other hand, a magazine featuring personal recollections will generally have very little, if any, competition.
Whichever option you choose there is a fair amount of work to be done in order to become established. You must either contact local businesses and sell your advertising space or you must obtain interesting accounts of your town for publication. As always, getting started is the most difficult part.
In terms of appeal among your intended audience, the more personal community magazine is easily the better option and can soon generate sufficient interest to ensure that once you have obtained content to begin publishing, additional content will be submitted directly to you by your readers.
It must be borne in mind that a magazine based on advertising can also incorporate features providing local interest, and in much the same way, a magazine featuring personal recollections can include local trade and business advertising as a source of supplementary income.
Publishing local community magazines can either be simply a business or a very enjoyable and extremely satisfying business – but that is for you to decide.
I am not a lawyer, I am a debt and judgment matchmaking specialist (Judgment and Collection Agency Broker). This article is my opinion, from my experience in California, and laws are different in every state. If you want a strategy to use or legal advice, please contact a lawyer. What if you have a judgment debtor, whose non-debtor spouse has filed for Chapter Seven Federal bankruptcy court protection? What if just the non-debtor spouse filed for bankruptcy, and the spouse-debtor didn’t?
How can you recover a judgment against the judgment debtor spouse, when their non-debtor spouse filed for bankruptcy protection, or has previously discharged their debts in bankruptcy? How could this interfere with one attempting to recover a judgment from the non-BK community property state-based debtor spouse?
After the non-debtor spouse has started a BK, or has already discharged their debts; attempts to levy the debtor spouse’s debt with community property becomes stayed (illegal and forbidden).
The judgment debtor spouse’s separate and sole property is usually subject to to satisfy judgments. However, one need to be extra mindful not to violate a bankruptcy court’s order, and do the homework. On a small judgment, or if the judgment debtor is and will stay poor, it could be a good idea to give up, and forget about the judgment.
BK stay violations can result in dire penalties, so one need to take care to have marshals or sheriffs levy only non-dischargeable and/or non-stayed assets. To be extra safe, youshould make double-sure what assets are actually and legally available first. One of the best ways to look before you leap, is with a judgment debtor exam (often with a document production request). This is accomplished by scheduling and serving an OEX (Order to appear for EXamination) on the debtor.
When bankruptcy is involved, it is an excellent idea to first obtain permission from the BK court, prior to trying any recovery or discovery actions against a debtor.
To help to determine what one’s first or next enforcement tactic could be, you might begin by requesting of the BK court for leave (permission from) their bankruptcy court, to allow you to get a state court issued OEX (Order to appear for EXamination), served on the judgment debtor, with its included (In California and some other states) OEX lien against only the debtor spouse’s separate and sole property.
In most states, having an OEX served on the judgment debtor starts a lien against their personal property. In California, service of an OEX on a judgment debtor spouse creates a one-year silent lien against the personal (however not real-estate based) and community property shared by the other spouse, if it isn’t stayed by a BK protection.
The debtor and their spouse have a 100% undivided interest in the community property of the marital assets, as long as they are married to one another. In a community property state, when one spouse’s debts are discharged with bankruptcy, the community property that was acquired pre-petition (and usually pre-discharge), is immune from levy because of the “phantom discharge” created by current law. (I am not a lawyer.)
The word “phantom” in the words “phantom discharge” means that in a community property state, there is an additional BK protection when one spouse files for BK protection, which can protect the assets of the other debtor spouse. Most often, “phantom discharges” happen only in community property states (currently California, Arizona, Louisiana, Idaho, Nevada, New Mexico, Texas, Washington, and probably Wisconsin).
A phantom discharge can happen when real estate-based and personal community property becomes immune from judgment recovery against a judgment debtor spouse, because the non-debtor BK spouse owns a 100% and undivided interest in the community property estate, and that spouse’s indebtedness has been discharged.
A phantom discharge is an unearned shield from creditors for all community property assets of both spouses of a married couple, even if only one spouse discharged their debts in bankruptcy. (See bankruptcy codes 11 US 541 and 11 US 524).
While the couple stays married, the phantom discharge remains, which is often a huge injustice for judgment creditors of the (non-BK) judgment debtor spouse.
If the married couple benefitting from a phantom discharge gets divorced, one can petition the family court to enjoin the divorce proceedings, and garnish the nonexempt part of the judgment debtor spouse’s portion of their marital estate, if any.
Only entities or people may get BK discharges. Property is not an entity, so it cannot get a discharge. Sometimes a debtor fails to win in BK court, and one or all, of their debts are declared non-dischargeable.
In many community property states; and in California, family code section 910 (a), mandates that any real and personal property of the community estate may be used to satisfy the debts of either spouse incurred during or before marriage. This means that real or personal property of the community estate may be used to pay a non-dischargeable debt. This is the opposite of a phantom discharge, so creditors get a wide open path to all of the community assets of the judgment debtor.
What do I need to do to succeed in my business?
Do what you enjoy! Running a business takes a lot of effort, time, energy, resources, headaches & obstacles. So when you come across those difficult mooments, this is when you’ll need to draw from that inner passion.
Allow yourself to be seen. If you aren’t willing to put yourself out there, then it will become incredibly difficult to be successful.
Taking risks is an absolute must when running a successful business. If you aren’t willing to take calculated risks, then it will be very difficult to grow. It is through these risks that you’ll be able to learn and grow.
There is no such thing as perfection. This often stops individuals from getting results. There is often too much empahsis put on trying to reach perfection & action gets halted. You’ve heard the saying “paralysis of analysis”. Don’t get caught up in the false sense of perfection, take calculated risks and take action!
The customer is always right, most of the time. You’ve got to do everything you can (within reason) to keep your customers happy. But it is also unrealistic to say that they are always right. Do what you can to nurture the relationship with your customers, but if needed, simply cut relations with them in the most amiable way possible.
Beat to your own drum. Don’t take the path always traveled, that is if you want a different result. It is through exploring different paths that you’ll reach deeper levels of success. Think about it, all the great minds were often thought about as “weird” or different, but the thing they do have in common is they followed the “untraveled path”.
Put the right people in the right places. Not everyone is suited to be a CEO. Different people have different strengths. Do everything you can to identify their strengths and put them in a position where their strengths are suited for it. Don’t try to make a square fit into a round hole…it’s never worked & never will.
Be a good & courageous listener. In order to grow, you must be willing to receive feedback & have the courage to really listen to them. This means you really have to be thorough before making decisions. It’s also important not to take every opinion you hear! But you must be able to sift and sort to what rings true & what doesn’t.
Here is a challenging one. Be willing to cut ties while minimizing the damage. There may be times where a difficult decision needs to be made & you may need to let go of someone that isn’t quite making it. Try to do this in a way that you don’t burn your bridge, stick to the facts & don’t make it personal. Be amiable, you may run into them at the local bar…
Be personal. With all of today’s technology, it makes it easy to try & solve things by text or email. This is not personal, make the effort to be personal, make that call, meet with them in person…do what you can to meet make your interaction personal.
Are you afraid of change? Change is something that will always happen. Once changes stop, growth stops.
Get up one more time than you fall down! This is the definition of success, getting up one more time than the times you fall down.
Do everything you can to add value. This is the lifeblood of your business. Any successful business is based on adding value to their clients. Do this and you’ll do great.
Don’t be ordinary. Don’t do the same thing as everyone else. If you do the same as everyone else, it will be very difficult to push past the edge. If you want to be noticed, you’ll have to be EXTRA-ordinary.
Get together with people who are smarter than you! There is a saying “Show me who your friends are and I’ll tell you how successful you’ll be” Look for good mentors! This is how you can grow exponentially!
I trust these tips will support your growth and success. Enjoy more great success tips by visiting http://www.bodymindsuccess.com