RSB Posted July 21, 2010 Report Share Posted July 21, 2010 My sister recently became disabled and collects SS. She also recently married.The credit card debt was charged off before she became disabled and married.The credit card was charged off April 2008.Sister married in May 2009.Sister began getting SS in July 2009.Sister lives in CA. If my sister has a credit card judgement ordered, can her husband's wages be garnished? Link to comment Share on other sites More sharing options...
Linda7 Posted July 21, 2010 Report Share Posted July 21, 2010 (edited) My sister recently became disabled and collects SS. She also recently married.The credit card debt was charged off before she became disabled and married.The credit card was charged off April 2008.Sister married in May 2009.Sister began getting SS in July 2009.Sister lives in CA. If my sister has a credit card judgement ordered, can her husband's wages be garnished?Even though California is a community property state, a debt brought into the marriage is solely the responsibility of the debtor - not the spouse. So, no, in this case - the husband's wages cannot be garnished for your sister's debt "before" the marriage. However, be prepared and get your proof of the default date and date of marriage, etc., together if this debt is legally pursued.Another thing - your sister's social security is exempt from garnishment - however, make sure that she has a bank account that the "only" deposit made into it or ever has been, is the automatic social security deposit. Don't let any funds comingle or they will be able to take all the money in the account. That way, you will be able to easily show that the money is "only" social security and is exempt from garnishment. Also, be prepared to show the bank account statements showing that "only" the social security is being deposited into her account. If there is a judgment, check with your court and see if they have a form for you to fill out showing her only source of income is social security.Also, be careful not to have her name on anything else either as they can go after that as well. Property, safe deposit boxes, etc. Edited July 21, 2010 by Linda7 Link to comment Share on other sites More sharing options...
RSB Posted July 25, 2010 Author Report Share Posted July 25, 2010 Thanks for the information. Link to comment Share on other sites More sharing options...
Recommended Posts