n_a_kate
Jul 6, 2008, 08:01 PM
My husband defaulted on a loan before we met. He received a letter saying that they have a judgment and will be garnishing his wages. The amount is $3,500.(1) Is there any way I can get this stopped. They won't settle. We will have to borrow money at a very high interest rate to pay this in full. I own our home in my maiden name. (2)Can they place a lien against the house if his name isn't on it. I live in KY. (3) Who should I consult an attorney, county attorney or someone else.
George_1950
Jul 6, 2008, 08:16 PM
Welcome to AMHD. (1) Your home shouldn't be at risk as long as his name doesn't get on the title, but a joint checking/savings account is at risk. His pay can be garnished. "Kentucky Wage Garnishment. Controlled by KRS 425.506. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer. The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment.
"Wage garnishments create a continuous lien against a debtor's wages, until the debt is paid. KRS Chapter 427, which deals with exemptions, authorizes a debtor to challenge garnished funds as exempt, and provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor's disposable earnings per week). Wage garnishments have priority according to the date of service upon the employer."
State wage garnishment and attachment rules (http://www.fair-debt-collection.com/state-wage-garnishments.html#18)
(2) I wouldn't think so. (3) A private attorney may be able to negotiate a cash settlement of about 50% of the total, or $100.00 per month installments for all of it. If your husband has other unsecured debts, maybe bankruptcy is an option.