Question

  05/05/12, 6:06 pm
In a Defamation of character suit involving private figures, if an award is made to the plaintiff, can the court order any monetary award to come out of my husband's income or retirement? I am the only one named in the suit. My husband and I keep our finances separate.
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United States   |   Texas  |  General Civil Litigation
Cost: Free

Answer

Sarahjane "SJ" Davidson Swanson Says:

May 11,2012 2:20 PM

Your questions doesn't make total sense, but presumably you are the defendant. If you lose, the judgment will be against you. Generally, community property can be siezed to satisfy a judgment against one spouse. Income that either spouse earns during a marriage is community property. That said, wages (neither yours nor his) can be garnished for debt, which the judgment against you will be. However, once either of you get a paycheck and cash it or deposit it, the money is then cash which is subject to collection proceedings. Generally, retirement accounts are exempt from collection actions, as is your homestead. Hope this helps.


Sarahjane "SJ" Davidson Swanson
Swanson Law Firm, PLLC
5151 San Felipe St Ste 1950,Houston, TX 77056
713-881-9742
http://www.swansonpllc.com

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