My question involves judgment recovery in the State of: DE & CA
Judgment was issued by a federal court against the defendant for a tort that did not benefit her husband or child in any way. Judgment debtor is a housewife, who lives with her husband and child in Delaware. The husband works remotely for an employer in CA, visiting the state (Calfornia) every two months for a week for meetings / conferences etc.
My questions are as follows :
1. Can the husband's wages from California be garnished by the creditor to satisfy the federal judgment as California is a community property state, even though the wife is the judgment debtor and the couple are DE residents ? Since the tort did not benefit the husband or family in any way, will the husband's wages be exempt from garnishment ?
2. Can the couple's joint bank account or the husband's sole bank account be garnished in Delware ? I am aware that Delaware does not permit bank account garnishments but would there be an exception for a tort judgment by a federal court ?
3. The family planned to move to Texas later this year, but the husband would continue to work remotely for the California corporation. How would this move affect garnishment status of his wages and / or bank accounts ? Would the bank accounts become garnishable at this point (they are with small local Delaware banks that do not solicit business outside the state) ?
My main confusion is the fact that this is a federal court issued judgment (due to diversity of citizenship and the amount of damages claimed). Is enforcing a federal judgment easier than enforcing a state judgment ? IRAs etc are exempt under Delaware laws, but would they become attachable / accessible to fulfil a federal court judgment ?