provided they married in community of property (what is hers is his)
You have to get a judgment against the person in court first.
Someone has sued you in court and won. The court will issue a judgment lien that the person can use to seize any of your property to pay the amount due.
When a person is taken to civil court (for example, a credit card company suing a cardholder to get paid back), the court makes a judgment for or against the plaintiff (entity initiating the lawsuit, in this example, the credit card company). If the judgment is for the plaintiff, the result is effectively a judgment against the defendant (the person taken to court in the example). Part of the judgment is the amount that is to be paid to the entity winning the court case (judgment). Judgements against a borrower (and the amount set to be paid by that borrower) will make their way onto the credit report and will cause a drop in credit score.
You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.
Go to your local courthouse. File a small claims court case against the person. Show up in court and present your case.
If a person has a legal financial judgment against them they can have part of their wages taken by the court. Their wages are garnished and they are the garnishee.
If you fail to appear in court a default judgment can be entered against you
Contact the clerk of the court or the court administrator where the judgment was issued and request a copy of the writ of judgment.
no
Yes, it is called Pro Se, you can file a civil complaint against someone and the judge will determine whether a judgment in your favor will be granted, it is up to you and not the court to enforce the judgment.
File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.
No, even if the plaintiff wins the case through arbitration they will still need to file a petition with the court of venue to receive a writ of judgment. On the other side, however, if the defendant fails to respond to a summons pertaining to a lawsuit or judgment he/she will lose by default and may not be able to claim any of their property exemptions.