Ask Experts Questions for FREE Help !
Ask
    Earthlytexas's Avatar
    Earthlytexas Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 19, 2014, 08:33 AM
    Judgment in Texas
    My husband has a judgment against him in Texas, our joined account has been frozen. I opened a new account in a different bank under my name only. Because we are married if my account in jeopardy of being frozen even though I am the sole owner of the account?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #2

    Dec 19, 2014, 09:09 AM
    Texas is a community property state, and in most such states, a spouse's account can be frozen too, even if you had nothing to do with the debt. However, Texas has debt laws different from other states.
    '...while Texas is a community property state, creditors cannot garnish your account for your spouse's debt if you did not share the account with your spouse. That means your account is protected so long as your spouse doesn't make contributions into the account or take withdrawals from it.'

    from nolo.com
    Bank Levies on Joint Accounts (Spouse) | Nolo.com
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Dec 19, 2014, 12:10 PM
    ... our joined account has been frozen. ... Because we are married if my account in jeopardy of being frozen even though I am the sole owner of the account?
    You are contradicting yourself. Twice.
    1. If it was "frozen", why do you ask if it is "in jeopardy of being frozen"? It appears that it already is "frozen" (i.e.: the account has been levied upon).
    2. If it is "joined" (sic), or a joint account, you are not the sole owner. Also, as Joypulv points out, since Texas is a community property state, chances are that it is in effect a joint account in any event.
    J_9's Avatar
    J_9 Posts: 40,273, Reputation: 5644
    Expert
     
    #4

    Dec 19, 2014, 12:40 PM
    The OP clearly states that she opened a second account in her name only, at a different bank, once their joint account was "frozen."
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #5

    Dec 19, 2014, 12:48 PM
    .....and Texas is an exception to the community property laws in regard to certain debt.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to Execute a Judgment in Texas [ 8 Answers ]

I am not sure I can do a thing, but thought I would ask. I divorced my husband in Arkansas for adultery and he now resides in Texas. We lived near the state line. In the divorce, the judge ordered that he pay certain things, which of course, he did not. I then did the obvious thing, which was...

How to remove paid judgment in Texas [ 1 Answers ]

I have paid my judgment and got all legall papers from creditro lawyer saying I have paid in full and a release of judgement from my creditor. Can I remeove the judgment from my credit. Your advise will be appreciate. Thaks al lot.

Collection of a judgment in Texas [ 0 Answers ]

I won a judgment against my former landlord back in July. I hired an attorney who won't get paid until he collects the judgment. My problem is, can I fired him and then try to collect myself? He didn't put a lien on the landlords properties quick enough and he sold them and moved to Arizona BEFORE...

Texas Judgment [ 1 Answers ]

I have a judgment in Texas on my credit report. How long will it stay on the report. I have heard 7 years and 15 years. Please advise. Also, is there a good way that is not too expensive to have it removed ?


View more questions Search