Civil Suit Collection on Spouse of Defendant

techsol

New Member
In California, being a community property state, if I sue a person in civil court for breach of a promissory note and win a judgement, would I be able to collect this judgement from the spouse of this person in the event collection cannot be made against the defendant?
 
In California, being a community property state, if I sue a person in civil court for breach of a promissory note and win a judgement, would I be able to collect this judgement from the spouse of this person in the event collection cannot be made against the defendant?

Generally the answer is yes and no.
Yes, because if you sue Bob and get a judgment, you try to take stuff from Bob.
Bob is married to Peggy.
So, attaching Bob's bank account is also attaching Peggy's bank account.
No, because you can't attach Peggy's account IF Bob isn't an account holder in common with her.

Be advised, very few judgment holders ever see a dollar.
 
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