Legal Question in Credit and Debt Law in Texas
Satisfy Judgement/Business-Sole Proprietor
A business creditor got judgement against my husband,sole proprietor, in 1999. Creditor's attorney trying to collect money due. My husband and I signed an installment agreement in 2000 to pay judgement.We've paid 2 of 4 installments. This attorney has supoenaed me (wife)to appear at his office for a non-steno.deposition. Has ordered that I bring to him a list of personal items about a mile long--birth certificate, soc.security card, check stub, my retirement acct.info.,titles to cars,all income/expenses, IRS returns from '93-2000, and on and on! (Plus all my husband's business records,etc.)
Question: Is this supoena for me and my personal records legal? Can he take my personal checking account,retirement acct., etc.? My name is no where on the original law suit--only my husband's.
Question: Since partial payments have been accepted
on this judgement is it still a valid judgement?
Please advise asap.
1 Answer from Attorneys
Re: Satisfy Judgement/Business-Sole Proprietor
1. The judgment is still valid until fully paid.
2. You signed along with your husband on a promise to pay the judgment. You'd be responsible, in any event, since it was a community debt.
3. The subpoena is valid. Failure to comply may cause you to be found in contempt of court and subject to additional attorney fees and other sanctions.