Can community property be affected by a judgment?
3 attorney answers
1. debt incurred before marriage cannot be removed from non-debtor spouse's separate bank account, so long as debtor spouse does not have access to that account, even if account contains some or all community property (Cal. Fam. C. Sec 911).
2. creditor must get special court order to get into non-debtor spouse's wages (Cal. CCP Sec 706.109).
However, you cannot rely on the debt collector to follow the rules. Plus you will need to educate the judges.
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Actually it doesn't matter when the cards were opened or when the debts were incurred except for the spouse's earnings. If the debt was incurred during marriage the creditor can garnish the non-debtor spouse's wages. For all other community property it doesn't matter when the debt was incurred. Of course your brother's separate property, if any, is also liable.
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If this debt was incurred during the marriage, then yes, the debt collection can be against community property. They can file an abstract of judgment which will be a lien on any real property, and they can levy on community property bank accounts.
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