topic Re: Question about wage garnishment/marriage in Rebuilding Your Credit

Question about wage garnishment/marriage

Anonymous — Thu, 09 Jul 2009 01:07:06 GMT

My husband is being sued over an old credit card debt. My name was not on the credit card, and it was opened before we were married.

My husband is currently unemployed, and I am employed. My question is: can they garnish my wages or not?

Thanks.

Re: Question about wage garnishment/marriage

Anonymous — Thu, 09 Jul 2009 03:07:02 GMT

The judgment (if you can't settle ahead of time) will be only against him.

Once there is a judgment, if he doesn't set up a payment plan, then plaintiff's counsel may eventually decide to execute the judgment by either garnishing (his) wages or attaching ("seizing") his bank accounts.

So no, plaintiff's counsel will not be able to send the garnishment paperwork to your employer to garnish your wages on your husband's debt.

But if you have checking or savings accounts in both of your names, then depending on your state, they may be able to attach the accounts. There are exclusions (social security, etc.) on what they can attach, and some states will separate monies that can be attributed to the separate people on the account. But that will be a lot of work on your end if that happens to straighten it out.

Might be worth it to get an account in your name only where your paycheck is deposited. It can be at the same bank as your existing (shared) accounts.

Re: Question about wage garnishment/marriage

Anonymous — Thu, 09 Jul 2009 03:25:20 GMT

I'd go to a different bank as some will tap all accounts (the bank, not the creditor) and its a pain to get it all straightend out.

Re: Question about wage garnishment/marriage

Anonymous — Thu, 09 Jul 2009 08:55:04 GMT

My daughter's husband had a CC that he got and defaulted on before they ever got married. Because they live in a community property state, they took her income as well.

Re: Question about wage garnishment/marriage

Anonymous — Tue, 14 Jul 2009 17:40:48 GMT

When you get married, if you do not take the person's name, you don' t have to worry about their credit issues.

Just keep your own last name and have him keep his debt, in his name only.

Don't get on his cards as an authorized user-even though that should not effect your credit, I have seen it ruin credit reports.

Re: Question about wage garnishment/marriage

Anonymous — Tue, 14 Jul 2009 19:39:24 GMT

@Anonymous wrote:
My daughter's husband had a CC that he got and defaulted on before they ever got married. Because they live in a community property state, they took her income as well.

I would agree about checking state laws. I live in a community property state as well, and can tell you it has the ability to wreak havoc on you.

@Anonymous wrote:
Don't get on his cards as an authorized user-even though that should not effect your credit, I have seen it ruin credit reports.

Actually getting on a card as an AUTHORIZED USER most times will allow you to SHARE credit with the original card holder, good or bad.