CAN MY WIFES WAGES OR MY CHILDERENS PERSONAL PROPERTY BE SEIZED

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CAN MY WIFES WAGES OR MY CHILDERENS PERSONAL PROPERTY BE SEIZED

I HAVE TO FILE A[ EXEMPTIONS FROM EXECUTION ], FOR A DEBT SEIZURE OF MY PROPERTY JUDGEMENT MADE ON ME AND MY d/b/a. know i have 5 days to file by , and i live in a community property state. I HAVE NO $$$ DO TO A SEVERE ACCIDENT, AND NO PROPERTY, DO TO { ” NO JOKE “} A SEVERE RESIDENTIAL BURGLARY , AND VANDALISM. KNOW OF COURSE I HAVE PROOF OF ALL THIS . BUT WILL THEY SIEZE MY WIFES WAGDES , OR MY CHILDERINS GIFTS OR PROPERTY, ALL SO MY WIFES SISTER LIVES WITH US CAN THEY SIEZE HER PROPERTY. THANK YOU FOR YOUR HELP AND GODBLESS

Asked on July 2, 2009 under Bankruptcy Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In a community property state, they cannot garnish (take a piece out of) your wife's wages, BUT once those wages are earned (and the check cashed or deposited), they are community property--i.e. of each spouse's earned wages belong to the other spouse and are therefore assets that creditors can look to. So your half of what your wife makes, once you makes it, is at risk.

Creditors cannot seize your children's or wife's sister's property unless they can show that the property came from you *and* that it was transferred specifically to keep it away from creditors and cheat them. However, anything your children or sister-in-law bought with money not from you, or any gifts given them some time before your problems, so they clearly were not transfers to keep the property from creditors, should be safe.

However, this only applies to property that is actually theirs--e.g.  if you have a bank account for your children's benefit (such as for a wedding, 1st home, or schooling), but you still control the account, it is your property, not theirs.

All states protect certain property from being seized by creditors--enough that the debtor can get buy (such as  certain amount of money, some necessary tools of the trade, etc.). Look up what it is (it's usually a fairly long and detailed list, but you can generally find it by web searches) and see what is protected in your case.

Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In a community property state, they cannot garnish (take a piece out of) your wife's wages, BUT once those wages are earned (and the check cashed or deposited), they are community property--i.e. of each spouse's earned wages belong to the other spouse and are therefore assets that creditors can look to. So your half of what your wife makes, once you makes it, is at risk.

Creditors cannot seize your children's or wife's sister's property unless they can show that the property came from you *and* that it was transferred specifically to keep it away from creditors and cheat them. However, anything your children or sister-in-law bought with money not from you, or any gifts given them some time before your problems, so they clearly were not transfers to keep the property from creditors, should be safe.

However, this only applies to property that is actually theirs--e.g.  if you have a bank account for your children's benefit (such as for a wedding, 1st home, or schooling), but you still control the account, it is your property, not theirs.

All states protect certain property from being seized by creditors--enough that the debtor can get buy (such as  certain amount of money, some necessary tools of the trade, etc.). Look up what it is (it's usually a fairly long and detailed list, but you can generally find it by web searches) and see what is protected in your case.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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