Garnishment and gifts

Question Details: My mother in law's checking account (and wages, while she was employed) are garnished. She is now receiving SS Disability. She has a car worth $11,000, paid in full. She can no longer drive, however, and wants to give it to us. Can she legally gift it to us even though a car worth more than $4500 can be garnished as property? She has several debtors and her debt totals around $25,000-$30,000 (ugh!). We do not want to take it on and then find later that her creditors can take it from us. Thank you.

Asked 11/6/2009 under Wills, Trusts, Probate | 167 View(s) | More Legal Topics

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William B. Prugh / Polsinelli Shughart P C Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Missouri

A judgment lien that gives rise to a garnishment usually applies to property that is attached or seized by the court/sheriff.  A car usually has to be taken into custody to apply to a garnishment.  Most state laws require a lien on a vehicle to be filed with the state motor vehicle office.  However, why not 'buy' the car from her for the lowest wholesale value you can find and treat it as an arm's length transfer rather than a gift.  Just a thought.

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