Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Hello and welcome to JustAnswer.com. I will attempt to answer your question.
I have a judgment filed in Texas, that was awarded in Texas against a business and the owner personally. The business was sold and has no assets. The person was married when I filed the jclaimed and 2 months prior to the judgment the defendants involved, man and wife, divorced. I have been led to believe that he went back to Russia but really do not believe that is the case. The wife now owns all the assets from the marriage. Can I try to collect from her since they were married when I filed the claim and this "sham divorce" cannot protect those assets? Leon
Based upon what you have told me, I see no reason why you cannot attempt to collect your money provided the judgment is against this woman. The divorce will not extinguish the judgment you have against her and the business. Is this satisfactory in responding to your question? I want to assist as see you are a positive user of the service.
The judgment was against her husband. Do I still have a claim against her under Texas community assets law? Did the divorce extinguish my rights?
Give me a moment, please.
I am sorry to report, but is my view that only property of the husband's is subject to the judgment as you now describe. I see no claim against the wife the way judgment was entered.
Is this satisfactory?
Thank you again for your question, Leon, and very best wishes for the New Year. Your positive rating is appreciated as will not be paid unless you so rate.