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collecting a judgement

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Tergdy

Junior Member
What is the name of your state? Ca. I have a judgement aganst a lady and I neglected to name her husband on the suit. He was the one who came to court. I know she has a trust account from her parents, and he is a million air. On the income and expence declairationHe said she was broke. Isn't Calif.community property including debt of spouse.
It appears that all the property is in a revocatable trust and he is the trustee. What can I do to collect. I have her ss# and put a lean against the home they live in. Any suggestings?
The Judgement is for $5213.00 and it was about a year ago. Is the interest compuonded daily? Help
 
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laurabrusstar

Junior Member
I'm not an attorney but I think it would depend on how the trust is worded and interest is simple interest at ten percent a year. You should contact legal aid or volunteer lega services for help.

Laura
 

Tergdy

Junior Member
collecting judgement

At A debtor's exam can I serve the husband as a third party to the judgement jebtor for community property he is responsiable for his wife's debt as she would be for his as long as they are married.
 

dcatz

Senior Member
If you’re asking whether you could bring the husband into court for a judgment debtor’s exam on the premise that he is a third-party with custody and control of non-exempt assets of the judgment debtor, the answer is yes. (If it’s a different question, I don’t understand it.)

If he denies it, what comes next? What if there is a pre-nup, and they keep their assets separate? They can, notwithstanding that CA is a community property state.

Read Calif. Code of Civil Procedure sect 706.109, but I bet that you still have a steep slope to scale.
 
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