Legal Question in Credit and Debt Law in California

CA Community Property re: Judgement

If a bank gets a judgement against me for credit card debt, can they get a lien on my wife's car? It is paid for, and in her married name only.


Asked on 5/16/06, 1:37 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: CA Community Property re: Judgement

Your wife's community property is available to creditors for execution of a money judgment against you. If the creditor wants to, it can seek a court order allowing it have the car sold at auction to satisfy the judgment. Unless the car is very valuable, the creditor probably will not bother because it would cost more than the vehicle is likely worth. The creditor can, however, garnish your wages, and after obtaining a court order, your wife's wages, as well as any bank accounts you and your wife may have.

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Answered on 5/16/06, 2:45 pm


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