CAN THEY SALE ANOTHER PERSON’S PROPERTY TO PAY OFF MY DEBT?.

Atanansi was an accountant at a big company, but he liked to play ‘zaala’ (gambling). He was sure that that Arsenal would beat Man City and win the premier league, so he got the money meant for everyone’s salary and made a bet of 100 million. Unfortunately, Arsenal did not win the title and Atanansi lost the money.

The company found out, fired him and even sued him in court for the money. He was ordered to repay the money with interest, but he did not have any money to do it. So, the company got the land he was staying on and decided to sell it. The issue is the land belongs to Atanansi’s wife.

Can they still use this property to pay off the debt?

WHAT DOES THE LAW SAY?

When you lose a case in court, the winner can ask court to sell your property to pay them the money that court has awarded to them. This is a legal process known as attachment which is used to make sure that the winner in the case gets what the court has awarded to them from the person who lost the case. (This loser is called the “judgement debtor”).

However, the law says that it is the property owned by the judgement debtor which can be sold. This means that if it is a car, the logbook of the car must be in his or her name. If it is land, the title must be in his or her name. If it is money from a bank account, they must be the account holder and the money must be for that person, not held on behalf of someone else.

The law (the Courts) will not allow the attachment and sale of any property that does not belong to the person who lost the case and is supposed to pay that money awarded by the court.

Source: BarefootLawyers.

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