Legal Question in Credit and Debt Law in California

As an unlicensed contractor I was sued by a plaintiff and the Small Claims Court awarded a judgment for $4,890.00. I am retired on Social Security $524.00 and State Teachers Retirement, $2,300.00 monthly. I have no savings and my wife and I have our names on the mortgage to this house which is somewhat upside down. I own a 2004 Ford F150. My retirement does not fully pay for the mortgage and utilities on this home. Can the court force my wife to pay this judgment in whole or part. Without her retirement I can not make ends meet. When I was sued in Small Claims Court only I was sued. Can the plaintiff also try to attach my wife's retirement (direct deposit in separate bank) to satisfy this claim. What actions, specially, are open to the plaintiff. Thank You, Mike Jones

Asked on 5/17/10, 4:11 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

As long as she keeps her pay in a separate bank account that you don't have access to, her money cannot be sought by your creditors.

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Answered on 5/22/10, 6:53 pm

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