Legal Question in Civil Litigation in Washington

Spouse responsibility in court judgments

I understand that filing chapter 7 bankruptcy puts an automatic stay on any and all collection of judgments from the debtor.

But can I continue with my attempt to collect judgment with the spouse of the debtor, who was named joint tortfeasor in the judgment settlement but was in the original case filed in 1995?

And if I can continue, can I proceed with the "debtor examination" of the spouse?

Judgemnt debtor filed chapter 7 in Seattle on the very same day he was ordered to appear in Kitsap County Court for examination of debtor and did not appear or notify judge on that very day that he was filing ch. 7. The bench warrant was quashed days later and I found out by calling the court clerk. All Bankrupcy notices have been now received and I undertsand that many a judgment debtor file bankruptcy to avoid paying their judgment, but is there another way around this slippery guy? Something like I mentioned above... through his spouse? I can prove she benefitted from the debts owed.


Asked on 3/02/98, 5:34 pm

1 Answer from Attorneys
Lawrence Glosser Law Office of Lawrence S. Glosser

Spouse Responsibility in Court Judgments

The answer to your question will depend on how the Chapter 7 was filed. As you may know, Washington is a community property state, so the assets and liabilities can often attach to the marital community as well as the individual (depending on how the original judgment was entered). If the spoouse is a joint debtor in the BK, (which is probably the case in a ch. 7) it will be difficult, to collect against the spouse. Check to see how the BK was filed, and consult an attorney for a specific answer. You may call my office if you need more assistence, or locate an attorney to advise yo on your specific rights and options.

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Answered on 3/05/98, 12:03 am


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