No. Even if the couple reside in a community property state, the wife would be able to use the innocent spouse defense to prevent the judgment from being executed against her as income garnishment. However, all other marital property, including bank accounts, other non exempt assets and jointly held real property would be subject to the execution of the judgment. The exception would be any marital property held as Tenancy By The Entirety according to the laws of the state in which the couple reside.
No, the defendant (debtor) does not have to appear at the date of the hearing. A non appearance usually results in a default judgment being entered against the debtor. The debtor will receive a notice of final judgment before the judgment creditor can take steps to have the judgment executed.
No.
Yes, in Florida, wages can be garnished for child support payments regardless of the parent's marital status. This means that as a single mother, your wages could be garnished to enforce child support orders.
If you have had a judgment entered against you and have not paid, the prevailing party can request that the court garnish wages or property in order to pay the judgment entered against you. -J
Memorandum of judgment is a brief summary or outline of a judgment which specifies the name of the court that entered the judgment, date, amount, name of the party in whose favor and name of the party against whom entered.
You need the advice of a solicitor (attorney) to do this.
If you fail to appear in court a default judgment can be entered against you
Yes, but the judgment may not be discharged in BK without compensation.
If the judgment names only one spouse as the judgment debtor it will not be entered on the non judgment spouse's credit report.
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.
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
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.