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    angrywhopper's Avatar
    angrywhopper Posts: 1, Reputation: 1
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    #1

    Mar 13, 2009, 03:46 PM
    Wife being sued for credit debt
    My wife is being sued by a collection agency for a 4000.00 account she made payments before she lost her job but after she lost her job I could not manage to pay it all.she is now a stay at home mom taking care of my son can my pay be garnished since the debt was obtained before we were married what will happen
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #2

    Mar 13, 2009, 04:35 PM
    If the debt is in your wife's name then a judgment could only be rendered against her and not you. Consequently, only her monies could be subject to a garnishment and not yours.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 14, 2009, 07:22 AM
    Quote Originally Posted by Justice Matters View Post
    If the debt is in your wife's name then a judgment could only be rendered against her and not you. Consequently, only her monies could be subject to a garnishment and not yours.


    JusticeMatters doesn't need me to explain their answers (they know what they are talking about) but anything INDIVIDUAL (in her name) or JOINT (in both names) can be liened.

    Anything in your name cannot.

    Sorry "Justice" - it drives me crazy when people explain to me what I meant (?) but thought it might need clarification.

    Waving across the border -
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Mar 14, 2009, 07:31 AM

    To further clarify, if you have a joint checking account with your wife, that ENTIRE account can be attached to pay the judgement. You would then have to prove which funds were yours and which were hers to get an adjustment if allowed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 14, 2009, 04:51 PM

    And to go even further, were you ever a signee on the account or did you ever use the card and sign for the item. They could use that in court showing a responsibility

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