I recently moved to Nevada from California, there is a judgment against my husband in Cali., the creditors are now trying to

Asked about 1 year ago - Reno, NV

enforce the judgment in Nevada, can they go after a bank account if I am the only listed owner on the account. My name is not listed anywhere in the judgment.

Attorney answers (3)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Judgment creditors cannot typically attach assets that are in the name of a spouse that isn't named on the lawsuit without going jumping through a lot of additional hoops. I have never seen this scenario happen. Hope this perspective helps!

  2. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    Answered . Can the account be held to answer, or is it easy?

    If it's your pay, that's community property, and it can be held to answer for either party's separate debt. If it's your money from before marriage, and the debt is from before marriage, they're both separate property/debt, and can't reach one another. And then there's all the variations in between, most of which create ore difficult asset.

    Also, his bankruptcy would protect you; you are not required to file jointly (but there are issues here, particularly with two cars with equity--and nearly every out of state attorney will get Nevada law wrong on this, so be careful).

    We can usually get people in for an appointment within a day or two.

  3. Christine B. Adams

    Pro

    Contributor Level 20

    Answered . It appear you live in a community property states, most debts incurred by either spouse during the marriage are owed by the "community" (the couple), even if only one spouse signed the paperwork for a debt. You should see a local attorney to aid you, possible with a bankruptcy for your husband to protect your interest.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,186 answers this week

2,649 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,186 answers this week

2,649 attorneys answering