Collecting on Judgement in Texas
Date: Thu, 06/10/2010 - 15:02
My question(s) are:
Can the bank "empty" my checking account? His name is no where near it. He cashes his paycheck and deposits money into it.
Can the bank attach a lien or go after my house..Mortg. is in my name and is my homestead.
If he filed bankruptcy, will this help get rid of the judgement?
Can the bank garnish his wages if he is considered "self-employed"?
Basically...what can this bank do/take from us? He does have a truck paid for that he uses to earn a living. Also has a mini van in his name (unpaid) which I use to haul kids around.
I can really use all the help I can get! I am to the point that this whole matter is making me pysically sick!
It depends on whether you are legally married according to your
It depends on whether you are legally married according to your state's laws. Then it would depend on whether you live in a community property or equitable distribution state.
The judgment lien would be discharged as part of the bankruptcy (regardless of which chapter you file) because the lien holder would have priority in being repaid by the bankruptcy estate.
The bank can garnish a part of his wages if state law permits. They can put a judgment lien on his cars. If you want more specific information, I suggest you talk to a consumer attorney in your state either in person or for free at www.lawguru.com
PS. If you aren't legally married you should not claim you are married on your tax return. Seriously. The IRS checks these things, I've seen people get audited and fined for incorrect filing statuses. And owing back taxes with penalties and interest on top of that.
Oh WOW! I did not know about the marriage and IRS filing. Than
Oh WOW! I did not know about the marriage and IRS filing. Thank You. I will check into the state laws regarding liens.
Yeah. Most people think community property vs equitable divisio
Yeah. Most people think community property vs equitable division only matters when you're getting a divorce, but it doesn't