Explain assets creditor should seek enforcement judgement

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Reference no: EM133313287

Assignment:

Garry was running his agricultural farm. Garry had not signed any partnership agreement with anybody, including his wife. Garry's wife had been working with her husband on the farm and the bank account was held jointly in their names. She was also the farm's bookkeeper and paid all of the farm's bills. Garry had borrowed some money to use in his farm and could not return the money on the due date for payment. The creditor filed a lawsuit and the court passed a judgement providing that Garry had to pay 20,000.00 dollars to the creditor for unpaid debts. It has been difficult for the creditor to recover money from Garry, but it has been discovered that Garry's wife owns a cottage property worth 60,000.00 dollars in her name alone. The creditor is going to bring an action to enforce the judgment, but they have asked you to let them know who they should seek enforcement against and what assets they should seek to obtain judgement over.

Please explain what assets you think the creditor should seek enforcement judgement over. The creditor is also interested in your view about whether or not Garry's wife should be named in the enforcement action based on the law of partnership. Your answer should consider opposing arguments to the conclusion you draw.

Reference no: EM133313287

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