Results 1 to 9 of 9
  1. #1
    Join Date
    Feb 2005
    Posts
    109

    Default Can You Go After a Judgment Debtor's Spouse for Payment

    My question involves court procedures for the states of: PA & TX

    I have an arbitration judgment from 2012 in PA for a sizable amount of money. Due to the debtor being judgment proof, the judgment hadn’t been revived and/or updated with added interest. The debtor was married at the time the judgment was issued. The debtor has since moved to TX (a community property State) and has purchased a house with his wife.

    My questions are:

    1. Would it be wiser to have the interest tacked on now, while it’s still a PA judgment, or after the judgment is domesticated in TX? Or does it not matter?

    2. Being a community property State, once the judgment is domesticated, am I able to pursue assets owned in the spouse’s name only since they were married before the judgment issue date?

  2. #2
    Join Date
    Oct 2014
    Posts
    6,787

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting beekrock
    View Post
    1. Would it be wiser to have the interest tacked on now, while it’s still a PA judgment, or after the judgment is domesticated in TX? Or does it not matter?
    You need the judgment to be good when you try domesticating it in TX. Right now, the judgment is dormant because you evidently did not revive it within the five year period provided by PA law. Until you revive it, the judgment is not any good; you've lost your priority by letting it lapse. And if you don't revive it within 10 years the judgment may cease to be revivable at all. So you probably need to get the judgment revived in PA to cut off challenges to domestication based on the judgment being dormant.

    Quote Quoting DAWW
    View Post
    2. Being a community property State, once the judgment is domesticated, am I able to pursue assets owned in the spouse’s name only since they were married before the judgment issue date?

    No. Moving to a community property state does not instantly convert assets owned in other states that were not community property into community property. Property that was separate property before the move will remain separate property unless something occurs after the move that would convert it to community property. Exactly what the asset is and which state's law governs the characterization of it matters a great deal, too. For example, with real estate the characterization of the ownership interests will generally be governed by the law of the state in which the property is held, not by the state in which they live.

  3. #3
    Join Date
    Oct 2006
    Posts
    14,762

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    If I remember correctly, someone's homestead/primary residence in TX cannot be touched for a judgment.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,047

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting llworking
    View Post
    If I remember correctly, someone's homestead/primary residence in TX cannot be touched for a judgment.
    Agree.... what exactly was the arbitration judgment for? TX does have some specific laws on this .... it might be worthwhile to check with a TX attorney before throwing too much time and effort into this. I doubt you will be able to go after any assets that are in the new spouse's name only.

  5. #5
    Join Date
    Jul 2018
    Posts
    670

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting beekrock
    View Post
    I have an arbitration judgment from 2012 in PA for a sizable amount of money.
    Let's start here. While this may seem like nothing but semantics, arbitrators enter awards, not judgments. In order for an arbitration award to be enforceable, you have to take the award to a court and get the court to enter judgment based on the arbitration award. Typically, that's referred to as a proceeding to confirm arbitration award. For the time being, I'll assume that you obtained an arbitration award and subsequently got that award confirmed and now have an enforceable judgment. If that hasn't already happened, that will need to be the first step.

    Quote Quoting beekrock
    View Post
    Would it be wiser to have the interest tacked on now, while it’s still a PA judgment, or after the judgment is domesticated in TX? Or does it not matter?
    If/when you domesticate your Pennsylvania judgment in Texas, the judgment that gets entered in Texas will include interest through the date of entry of judgment. You don't need to do anything in Pennsylvania for that to happen (except for the revival procedure mentioned in "Taxing Matters's" response).

    Quote Quoting beekrock
    View Post
    Being a community property State, once the judgment is domesticated, am I able to pursue assets owned in the spouse’s name only since they were married before the judgment issue date?
    Any community property -- regardless of whose name(s) it is held in -- will be subject to your judgment. Any separate property of the non-debtor spouse will not be subject to your judgment. Keep in mind, however, that Texas is a haven for deadbeats because, among other things, its law exempts a debtor's personal residence from enforcement of a civil money judgment.

  6. #6
    Join Date
    Feb 2005
    Posts
    109

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting pg1067
    View Post
    Any community property -- regardless of whose name(s) it is held in -- will be subject to your judgment. Any separate property of the non-debtor spouse will not be subject to your judgment. Keep in mind, however, that Texas is a haven for deadbeats because, among other things, its law exempts a debtor's personal residence from enforcement of a civil money judgment.
    I kind of figured I wouldn’t be able to foreclose on the house. Do you happen to know if the domesticated judgment would automatically become a lien on the house, though?

  7. #7
    Join Date
    Oct 2006
    Posts
    14,762

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting beekrock
    View Post
    I kind of figured I wouldn’t be able to foreclose on the house. Do you happen to know if the domesticated judgment would automatically become a lien on the house, though?
    Not even a lien. Its completely exempt.

  8. #8
    Join Date
    Oct 2016
    Posts
    2,236

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting llworking
    View Post
    Not even a lien. Its completely exempt.
    (A) 10 acres of land, if used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business; or

    (B) 200 acres for a family or 100 acres for a single, adult person not otherwise entitled to a homestead, if used for the purposes of a rural home.

    If the defendant owns more than the above the excess can be subject to a lien.

  9. #9
    Join Date
    Oct 2006
    Posts
    14,762

    Default Re: Pa Judgment, Debtor and Spouse Move to Tx — Can I Go After the Spouse

    Quote Quoting PayrolGuy
    View Post
    (A) 10 acres of land, if used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business; or

    (B) 200 acres for a family or 100 acres for a single, adult person not otherwise entitled to a homestead, if used for the purposes of a rural home.

    If the defendant owns more than the above the excess can be subject to a lien.
    I kind of doubt that this particular debtor owns more than that. However, its certainly more possible that he does in TX, compared to a lot of other states.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: What Can a Judgment Creditor Do With Information About the Debtor's Spouse
    By rogue22 in forum Civil Procedure
    Replies: 7
    Last Post: 09-02-2014, 05:43 AM
  2. Payment and Satisfaction: Judgment Debtor Gave Me Items to Sell, Now Wants Satisfaction of Judgment Filed
    By andaway in forum Civil Procedure
    Replies: 2
    Last Post: 12-10-2013, 12:42 AM
  3. Enforcement of Judgments: Divorce Judgment Provision for Payment of Ex-Spouse's Medical Bills
    By jgordon in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 12-04-2013, 07:39 PM
  4. Collection and Enforcement: Judgment Creditor is Seeking Information About Debtor's Spouse's Finances
    By 2boysmom in forum Civil Procedure
    Replies: 5
    Last Post: 03-07-2013, 09:32 AM
  5. Collection and Enforcement: How to Collect a Judgment for a Security Deposit from the Debtor's Spouse
    By slwfv in forum Civil Procedure
    Replies: 4
    Last Post: 12-06-2012, 04:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources