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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37848
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My wife got a judgement against her from Discover here in Texas.

Customer Question

My wife got a judgement against her from Discover here in Texas. She has her paycheck deposited in my checking account (I'm her husband) I was not included in the judgement . Can the attorneys representing Discover go after my savings or checking account
because she is depositing her paycheck in my bank account?
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.
Hello and thank you for using Pearl.
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You mention that Discover got a judgment against wife in TX but your question states you are in CA.
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Are you actually in TX or CA?
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Is wife listed as a joint owner on the account?
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Thanks
Barrister
Customer: replied 4 years ago.
In Texas. Wife's name is ***** ***** the checking account
Expert:  Barrister replied 4 years ago.
Thank you for the additional information.
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"Can the attorneys representing Discover go after my savings or checking account because she is depositing her paycheck in my bank account? "
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Absolutely not, if you are not named as a defendant on the judgment, then their only recourse is to pursue wife for payment. Since TX has an unlimited homestead exemption and they are prevented from garnishing her wages directly under state law, they may have a judgment that they can't collect on. They would only be able to collect on assets that are in her name. So if she has nothing in her name, she is essentially "judgment proof".
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TX is a very debtor-friendly state.
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Thanks
Barrister