Legal Question in Civil Litigation in California
My wife filed to get a R.O. On two people, ex- employer. The R.O. Was denied. The defendants Attorney asked for $14,000 in attorney fees, the judge gave them $6000. Making a judgement against my wife for $6000, I want to know if I need to pull my funds from my bank to protect them from this judgement against her? Can this effect me as her husband financially, e.g. Taking my bank account funds?
3 Answers from Attorneys
You're OK as long as the judgment does not also name you, and the bank account is in your name only and your wife has no withdrawal rights to it.
On the other hand, it sounds like the judgment against your wife occurred during your marriage. If so, it's a community debt. This means that if the funds are in a joint account with your wife, then they are subject to attachment. A simple transfer of those funds to an account in your own name will not legally protect them from the judgment creditor.
You are right. Get any money that is yours out of all joint accounts. Anything joint can be reached for the judgment.
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