Collecting A Judgment In A Community Property State
I'm a judgment referral expert, and not a lawyer
. This article is my opinion, and is not legal advice. When you ever need a strategy to use or legal advice, you should contact an attorney.
Community property states are those where either married spouse are responsible for all debts and income earned or incurred by each as an individual, and also what is earned or any debts owed by their marriage partner. Community property provides each spouse a half, non-divided, equitable or legal, vested or contingent, future or present interest in their assets and properties.
Sometimes the judgment debtor listed on your judgment tends to be judgment-proof, meaning they are difficult or impossible to recover from. With a community property state, you might have two individuals to recover from, that doubles your chances to get back some of money you are owed.
Community property states currently are: (Occasionally Alaska), Idaho, California, Arizona, (some Indian reservations), Nevada, Louisiana, New Mexico, Puerto Rico, Texas, Washington, and Wisconsin. Judgment recovery choices sometimes rely on community property lawsthat vary in each community property state. A quick trip to the local law library or a short time spent researching the WWW, should tell you the situation of a judgment in a community property state.
With a community property states, you may usually levy wages, bank accounts, property, or other assets belonging to your debtor and their marital partner. Garnishing the judgment debtor's spouse usually requires permission from a court, and a successfully court-filed affidavit, declaration, or a motion, which documents your reasons why the assets of a debtor's spouse should properly be available to pay towards the judgment debt.
Not every asset couples own can be considered community property. What is usually considered as community property is all the income both spouses earn during the length of their marriage, and any assets purchased with their earnings including real estate, vehicles, and most most any other asset, and most often also either's debts. Unless separate assets can be traced to their origin, commingling community and separate property most often results in any commingled assets getting seen as community property.
What's usually not community property is something either spouse received or earned before their marriage, or gifts or inheritances the non-judgment debtor spouse received during their marriage that wasn't used by both parties.
The laws of the state will show the extent of a judgment debtor spouse's liability for the judgment debt. Many times in a community property state, you may pursue both spouse's assets to recover your judgment. It may not matter whether they are still married, as long as they were married at the time that the money judgment was decided by a court. You are likely to be able to levy, garnish, or pursue any other recovery procedure against both of them concurrently.
by: Mark Shapiro
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