Good evening! I can help you out with your legal question tonight.
In order to help you, I need to ask you a few quick questions. Where are you located right now? Still in TX?
But work in Alabama correct?
Also, where is the lawsuit taking place? Is it in TX or Alabama?
I will presume that your suit is in Texas. If your creditor wins the suit and gets a judgment against you for $25,000, then they can garnish wages froma bank in Texas. So if your husband works in Alabama, but has a bank in Texas, then the creditor can freeze that account and then take the money in said account.
If you put your husband's income in a bank in Alabama, then they could seize that account and freeze his wages if they: (1) domesticate the Texas judgment in Alabama;
(2) Get a Writ of Garnishment from the Alabama Court;
(3) Get a writ of execution from the Alabama Court;
(4) Serve the writs on a bank that you own and know your account number.
They can only garnish up to 25% of his gross income and nothing more than that.
However, they can seize more than that from a bank account.
Are there exemptions for head of household? Or other exemptions?
No, those are income tax exemptions. The exemptions you are looking for would be: social security income, disability income, etc.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).