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Money Judgment – Debt Collection – Garnishment
By: Derek Hawkins//September 30, 2015//
Listen to this articleCivil
WI Court of Appeals – District II
Officials: Higginbotham, Sherman, and Blanchard JJ.
Money Judgment – Debt Collection – Garnishment
2014AP2155 Orlando Residence, Ltd. V. Kenneth E. Nelson
This case arises from Orlando Residence’s efforts to collect on a federal court money judgment against Kenneth Nelson. As part of its collection efforts, Orlando Residence pursues garnishment against the employer of Kenneth’s wife, Susan, for collection on the debt as marital property. Susan opposes garnishment, on the grounds that the predecessor creditor on the debt now collectable by Orlando Residence had notice, at the time the debt was created, of a marital property agreement between Kenneth and Susan that declared Susan’s income and acquisitions to be her individual property, free from the claims of Kenneth’s creditors. Susan appeals the order of the circuit court requiring the employer to comply with the garnishment. For the following reasons, we affirm.
Decision
Affirmed. Per Curiam.
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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