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Can my spouse be garnished for my debt?


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Ok debt was from 2 years prior to marriage. Original Court order was filed in 2002/2003 (from what collection attorney said - I never knew.) I just received a letter saying they filed a garnishment petition on (sept 28th). I don't work but my spouse does (army). Can they garnish his wages?

Also how do i go about handing this debt. I do not think it is mind but when i talked to the collection lawyer he said all information was a matter of public record and i could find it for myself by calling.

I called the court but they have no information as to validity of the debt.

Please help.

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no they can not garnish your spouse for your debt.. there is not enough info here.. did they get a judgement.. have you gone to court,.. is it within the SOL.. we need a few more details but I can tell you that your spouse is not going to be garnished if he is no where on the debt.

Also did you call the right court?? also be aware if they do have judgement against you and you have any joint accouts they can freeze those even if his name is on them.. but they can not go after him alone for your debt.

If you dont work how did they file for garnishment.. .with who?? what employer.. again we need more background.

Now they can go after him if you added him to the account after you married... or is his name is on it in anyway...

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Yes they did get a judgement. No i didn't go to court (didn't know about it). It is 5 years old and In the state of Louisiana(SOL 10 years I think?). Also I did call the court house.

His name is not on the it in any way.

We share one joint checking account. Until today when I had him set up a seperate checking account.

Attached is the copy of the letter i received.

summons.jpg

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Don't you love how the CA's always say "oh you can get that information yourself..." when you ask them for one of the things they're legally obligated to provide you?

My favorite was when my wife got a letter from a CA for a $600 debt to a creditor we had never heard of in a state a thousand miles away. I called them and asked what the debt was for and they went away for a LONG time (like 15 minutes) and came back and said "an ambulance ride you never paid for" and I asked where the ambulance was going since we've never been in one ever and she got REALLY REALLY MAD and yelled at me and said she didn't have to tell me anything and hung up on me.

*ahem*

Obviously not your situation, you have a judgement against you and at this point you need sounder legal advice than I can give, but let's just say that I feel your pain. Many of us do.

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then the only thing they can touch is yours.. however if they have a judgement the SOL has no play in it anymore.. not sure what the law is in Louisanna but its not hard to find regarding how long the judgement is on your record.. again who did they try to garnish.. if you are not working that part confuses me..

they can freeze YOUR bank account or a joint one.. but they can not garnish or touch him or his accounts

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I have no idea. I cannot get a hold of the city court/marshal’s office until Friday. It was evidently filed in a bumpkin city court (only one lady that knows how to pull up all the paperwork). So I have not seen any of the legal paper work, just informed by this snot nose little kid that there had been a judgment.

Sorry I am not being more helpful but that letter is all I know about the whole deal. The lawyer just said it is all a matter of public record so you can find the information yourself.

Can anyone give me the steps of what I do about this? All of our money has been transferred into hubbies name only so it should be safe (it wasn’t much to begin with lol). I called the jag office; they said they can advise but if I need someone to actually represent me i would need to hire a civilian lawyer. Sadly on military pay that isn't possible. Especially with us trying to pay down our real debts.

Again any steps to resolve this would be greatly appreciated.

Linda

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LA is a community property state, so, under other circumstances they COULD go after the spouse's wages for a judgment against one partner. However, since it's a pre-marital debt, then they can NOT go after husband's wages for YOUR separate debt. The CA's are stupid, they don't know or care when you got married, all they see is dollar signs have a judgment against a married person in a community property state. You have to file your exemptions, and make sure that the fact that it's pre-marital is well known.

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