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Answered 2007-05-30 12:11:49

Doesn't it have to do with the laws of the state? In Mo the state is Tenants by the Entirety meaning the husband owns 100% and the wife owns 100% interest, therefore the property is judgment proof if only one spouse has the judgment against them. Prperty can be titled TBE if you live in astste that does not have the same laws as Mo. Probably a lien could be placed on her half of the property but not his if there are no Tenant By the Entirety laws or not set up that way. Not sure about this, but it also seems as if debt collection attorneys and judges don't care about what the law says anyhow. I had a judgment go against me from American Express(supposedly) and I took them to the appellate court (wrong venue - should have gone the Fed Court for all their FDA violations- couldn't afford an attorney and did not know what I was doing) judgment was sustained and now I am being hauled back to court to be interrogated for their belief I am hiding property because they couldn't find anything ( might be because I am broke as is my husband and we don't have anything) Was threatened with "possible arrest" if I don't show since I am being accused of fraud now! Scumbag debt collection attorneys - I live in Mo.

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Answered 2018-02-09 19:09:10

If she was authorized to sign for debt on behalf of the business then the creditor may be successful if it can prove that in court. The answer also depends on how the property is titled and how the business has been set up. You haven't provided enough detail.

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