Legal Question in Credit and Debt Law in Texas
judgment collection
I was recently awarded a $5000.00 judgment in small claims court. The defendant was a no show and didnt appeal it also. My question is can I garnish the debtors spouses checking account because he told me over the phone after the court date that he will not pay and he will take all is money out of his own personal account and put it in hers so I cant garnish it.Does it matter if the spouses account is joint are not? Can I garnish his IRS refund check if I fail in garnishing his or hers checking accont.
1 Answer from Attorneys
Re: judgment collection
The best I can give you is a "possibly". If the account is primarily current wages, you may be stopped from garnisheeing the bank account. The debt is a community debt, so you have to prove that they are husband and wife.
You can't garnishee the IRS, but you could garnishee his account after the refund check is deposited.
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