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My wife got a judgement against her from...

Resolved • Response time 9 minutes

23 Jul 2013

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?
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23 Jul 2013

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Lawyer's response
23 Jul 2013
Barrister
Barrister
Attorney/Landlord/Realtor
Hello and thank you for using Pearl. . You mention that Discover got a judgment against wife in TX but your question states you are in CA. . Are you actually in TX or CA? . Is wife listed as a joint owner on the account? . . Thanks Barrister
23 Jul 2013
Customer reply
23 Jul 2013
In Texas. Wife's name is XXX XX the checking account
23 Jul 2013
Lawyer's response
23 Jul 2013
Barrister
Barrister
Thank you for the additional information. . "Can the attorneys representing Discover go after my savings or checking account because she is depositing her paycheck in my bank account? " . . 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". . TX is a very debtor-friendly state. . . Thanks Barrister
Barrister
Barrister
Attorney/Landlord/Realtor
Avg. question only $36
13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
23 Jul 2013
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