Can I file a quitclaim deed in order to avoid a judgment?
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Can I file a quitclaim deed in order to avoid a judgment?
I co-own a house with a friend free and clear. I am being harassed on a old debt (12 +years old). They got a judgement almost 10 years ago in a different jurisdiction; it expires in about a year. A second judgement was granted but does not stipulate a specific address. It states should I sell “any” property in that jurisdiction they would claim their share. This debt has been sold a few times and I believe the current “owners” are using this as a collection tactic. Can I quit claim my rights to the property and stay within the letter of the law?
Asked on April 26, 2011 under Bankruptcy Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, no, you can not. What you would be doing is transferring the property in order to avoid creditors. Such a transfer could seek to be set aside by the judgement creditor as fraudulent and that could get you in to a whole heap of other trouble. It might be time to bite the bullet, so to speak, and to deal with the old judgement. It will be following you forever and that is not something you want to deal with. Call and fact the music. See about settling the debt once and for all. Take out a personal loan or what ever you need to do. Get help if you need it. Good luck.
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