What to do about a judgment that I obtained agisnst my ex as a result of our divorce?

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What to do about a judgment that I obtained agisnst my ex as a result of our divorce?

He has no income worth garnishing but does have an undivided interest in a farm in another state. He receives distributions from the farm once a year. Can I use the judgment to attach the bank account of the farm at a time when I know it will have sufficient funds to satisfy the judgment?

Asked on October 12, 2012 under Bankruptcy Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the property was in Texas, this would be easier to answer.  If you have an enforceable judgment, you can file a lien against the property and you can garnish income from whatever source.  But you mention that this property is not in Texas-- which makes it complicated.  Each state has it's owe rules on how and when certain debts can be enforced.  So... not only do you have to comply with Texas rules, you must comply with the rules of the state where the property is located.  Your sub question is the account that belongs to the farm.  If the account is not in his name, but rather in the name of the farming business, it's not likely that you will be able to garnish that bank account.  However, you are not completely without options.  You need to consider filing an enforcement action in Texas and conduct what is called "post judgment discovery."  If he is listed as an employee with that farm, you can send a garnishment order that they will have to comply with under interstate rules.  You may also see if the judge will force him to forfeit part of his interest in the farm to you in order to satisfy the judgment.  You may have additional options depending on the state where the property is located-- so you may want to arrange a consultation with attorneys from both states.


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