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Can court judgement come after spouse?


rebound101
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Can a court judgement come after my spouse (if I'm unable to pay it due to unemployment?) even though the debt was incurred several years before our marriage? Also, is their a certain amount of time I would have to wait to file bankruptcy on the judgement? Does a judgement automatically mean wage garnishments or can the payments be made using some other method?

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Can a court judgement come after my spouse (if I'm unable to pay it due to unemployment?) even though the debt was incurred several years before our marriage?

No, they cannot go after your spouse in any way.

Also, is their a certain amount of time I would have to wait to file bankruptcy on the judgement?

Nope, you could file BK the next day.

Does a judgement automatically mean wage garnishments or can the payments be made using some other method?

Often it does. They almost always will go after the bank accounts and easy assets first though. Getting paid thru wage garnishment can take a lot of time, so they'll try other means first (usually).

In some states you are allowed what they call a 'slow pay' option, where you pay the judgment in payments set by the court according to your ability to pay. You'd have to look in your state statutes to see if that option is available. You can always try to negotiate with the lawyer who sued you.

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Ladynred, thanks so much for the info. What a bummer in regards to the garnishments. I work in a small office so I think everyone is going to know my business- how embarrasing.

I was added onto my husband's existing bank account, so technically it's not my account right? Would the law firm/collections be able to still go after the bank account? I haven't been able to get any sleep worrying about this stuff. :(

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