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plight

I have yet to be sued, but i have a bad feeling, lol.

I just recently got married in March, and i just sent off some DV letters (which I have read can trigger a "summons response" along the line since I have effectively drawn attention to my account.

I live in texas, so the only thing they could possibly go after me for is my bank account (which has nothing worth going after).

My wife has a fair amount saved up in hers, is her bank account safe?

Posted: Sun Jun 15, 2008 11:05 am Subject:

My best guess is, they can't touch your wifes money if that debt is ONLY in your name and was made prior to your marriage, but I'm sure someone else will be along to answer this who has more knowledge in this area, so don't count on my answer. I am basing my answer on a similar experience I had and that was a few years ago. Hang tight until someone else is available to give you an iron clad answer. Just didn't want to leave you hanging there. Smile

Guest · Posted: Sun Jun 15, 2008 11:59 am Subject:

This is the best I could find for you.
Someone else may concur this statement.

At present four U.S. states — North Carolina, Pennsylvania, South Carolina and Texas — do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver).

Posted: Sun Jun 15, 2008 6:26 pm Subject:

They only way they could go after your wife's assets is 1) if she was also a signer on the account (in which case they would need to sue her and send a summons as well; or 2) if Texas is a "community property state", which I don't think it is.

Outside of those two ramifications, she's safe.

Posted: Mon Jun 16, 2008 4:10 am Subject:

Just make sure your wifes accounts have only her name on it.

Guest · Posted: Mon Jun 16, 2008 7:07 am Subject:

Texas is a community property estate. Community property is any property acquired during marriage. 1/2 of community property is yours. Thus, any of that money in your wife's account that was acquired during marriage is 1/2 yours and can be taken by a judgment holder.

avoidingdebts · Posted: Tue Jun 17, 2008 12:02 am Subject:

Texas is indeed a community property states, which makes the guest's statement true that the lender may come after the savings of the spouse, if they can get a judgement against the other one. But as far I know, Texas doesn't allow the creditor to garnish the wage of the debtor.

So, my question is, what then authorizes the creditor to devour the saving of the other spouse, if they're not even allowed to garnish the wage of the defaulter?

Plight · Posted: Tue Jun 17, 2008 7:30 am Subject:

From what I understand, they could still possibly get a lien (if thats he correct terminology) on an asset such as a bank account.

Anyone know how often this happens?

Posted: Tue Jun 17, 2008 7:40 am Subject:

Yes, they can still levy any bank accounts, or possibly seize other assets.

Just because you are in a non garnishment state do not think you are off scott free. Personally, I'd rather live in a garnishment state. When you get garnished, you get warning. There is an appeal process. When you bank gets levied, there is no warning, it's just frozen and poof! All your money gone. And it's much harder to get that reversed. At least with a garnishment there is warning and time to do something before it goes into effect.

Posted: Tue Jun 17, 2008 7:46 am Subject:

Wow, getting married is even more risky!!

Cellular · Posted: Tue Jun 17, 2008 9:02 pm Subject:

After winning a case they will have to go back to court and get an order of attachment for your spouse's accounts. If that fails to satisfy the debt they will have to go back to court and get an order to attach your account first.

You might be able to plead that this debt is not your responsiblilty since it was obtain prior to marriage.

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If a judgement is filed, can they go after spouses assets?

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