Order for Disclosure Question

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rosenberg22

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Hello,

I have a few questions regarding an Order for Disclosure form recently received in the mail.

Background: My wife and I lived in an apartment in Minneapolis, were evicted, and a judgement was made against only my wife. We have since both moved to Georgia and received an Order for Disclosure form (forwarded by my wife's parents). It was addressed to my wife at her parents house in Minnesota which brings me to my first couple of questions:

1. Does the order have to be delivered and/or addressed to our current address in Georgia?

2. If my wife is the only person in the judgement, can money in our joint bank account be seized? - I ask because I read that money can't be frozen in a joint account if both people are not listed on the judgement.

3. If I received the Order for Disclosure late and without enough time to return it within the 10 day period, should I still fill out the form and return it? Do I need to notify the court that I sent it, although late?

4. If my wife returns the form late, is it still possible for her to be arrested or summoned for court back in Minnesota?

5. We had been considering bankruptcy because we have mounting debt and only make $25k/year and have a 1 year old. If we file for bankruptcy in 1 month, should we still send the financial disclosure form back or should we not even bother? What is the risk of not sending it back?
 
1. Does the order have to be delivered and/or addressed to our current address in Georgia?

Not necessarily. The other party may have gotten substitutional service.

2. If my wife is the only person in the judgement, can money in our joint bank account be seized? - I ask because I read that money can't be frozen in a joint account if both people are not listed on the judgement.

Yep. Some places might allow only 50% garnishment.

3. If I received the Order for Disclosure late and without enough time to return it within the 10 day period, should I still fill out the form and return it? Do I need to notify the court that I sent it, although late?

Yes, you should. You should also notify the lawyer for the other side and ask them to hold off on any further steps until they receive it.

4. If my wife returns the form late, is it still possible for her to be arrested or summoned for court back in Minnesota?

Doubtful. Held in contempt, maybe, or subject to some kind of default proceeding. That's why you should ask the other lawyer to hold off.

5. We had been considering bankruptcy because we have mounting debt and only make $25k/year and have a 1 year old. If we file for bankruptcy in 1 month, should we still send the financial disclosure form back or should we not even bother? What is the risk of not sending it back?

Yes, you should still send the form back.
 
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