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    Bryony's Avatar
    Bryony Posts: 4, Reputation: 1
    New Member
     
    #1

    Mar 24, 2008, 10:15 AM
    Can Debt Collector Garnish Husband Wages For Wife's Debt
    Prior to even meeting my husband I inccured a credit card debt which I have since defaulted on. I just recently received a summons in response to this debt and am unable to pay the amount in full. Are they able to garnish my husbands check for a my debt as that I am a homemaker with no income?
    Credendovidis's Avatar
    Credendovidis Posts: 1,593, Reputation: 66
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    #2

    Mar 24, 2008, 10:35 AM
    Quote Originally Posted by Bryony
    Prior to even meeting my husband I inccured a credit card debt which I have since defaulted on. I just recently recieved a summons in response to this debt and am unable to pay the amount in full. Are they able to garnish my husbands check for a my debt as that I am a homemaker with no income?
    Only if you are married in community of property.
    Why not contact the debt collector to come to a temporal arrangement?
    ;)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 24, 2008, 10:54 AM
    The first answer is incorrect. If the debt was insurred PRIOR to your marriage, then your husband has no responsibility for it. So they cannot garnish his wages. However, if you have any assets that you hold jointly, like a checking account, they could attach that since you are considered a joint owner.

    There are hundreds of threads in this forum that deal with this situation. I suggest reading some of them to see what your next steps would be.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 24, 2008, 04:59 PM
    Quote Originally Posted by Credendovidis
    Only if you are married in community of property.
    Why not contact the debt collector to come to a temporal arrangement?
    ;)

    You are incorrect - community property has nothing to do with this.

    This is the wife's debt BUT if the creditor obtains a Judgment they can move against anything in her individual or their JOINT names - such as bank accounts, property, cars.

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