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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16498
Experience:  Experienced Licensed Attorney
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My husband has a judgment from a creditor related to a

Customer Question

My husband has a judgment from a creditor related to a foreclosure from 5 years ago, which happened during his divorce from his first wife. He had two loans - one creditor had 80% and the other had 20%. The creditor that had 80% received all the money from selling the house at auction, and the creditor with 20% received nothing (so the loan was unsecured). That creditor got a judgment against him. This morning, we woke up to find that an attorney's office related to that creditor/judgment had drained all the money from his checking account. They received a court/legal order to do this. We are now quite worried. We won't be depositing any more money into his checking account obviously, but can they also come after my assets or accounts? His name is ***** ***** any of my accounts, and my name was not on any of his debt because it was before we even met. However, Texas is a community property state, so does that also apply to debt? Can they drain my accounts too?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 7 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Unfortunately, generally, because Texas is community property state both spouses' assets are considered marital assets that are jointly owned, so the judgment creditor of one spouse, can in fact garnish / seize other spouse's assets even if the name of the judgment debtor spouse is not on any of his spouse's assets.

So generally, it would be a good idea to contact the attorneys for judgment creditor and see if some type of payment plan or settlement for less than full amount can be negotiated, so the matter can be fully resolved and judgment can be satisfied and it is important to obtain any settlement agreement in writing and to carefully check its terms.

I wish you the best of luck!