If i don't have a job & a judgement is entered against me in court can they garnish my husbands wages?
2006-07-19 06:06:33 · 10 answers · asked by Jeannette F 1 in Politics & Government ➔ Law & Ethics
I'm a stay at home mom & a lady I used to work for is taking me to court for money she claims i borrowed from her. She claims we had an oral agreement. I didn't borrow anything from her. She has a lawyer. I live in IL
2006-07-19 06:18:02 · update #1
There is no judgement yet I'm just asking what if?
2006-07-19 06:24:15 · update #2
yes
2006-07-19 06:09:49 · answer #1 · answered by Rayne 3 · 0⤊ 0⤋
You need to go to court and argue your case. If you don't appear, the Court can enter a default judgment against you (and your husband if you owe the money jointly). If they can't collect, a garnishment can be placed on your or his wages. If it is a large amount in controversy, hire a lawyer so that you don't get strapped with a large debt. Sometimes you can agree to pay back a smaller amount without having to go to court.
2006-07-19 06:38:25 · answer #2 · answered by Carla G 2 · 0⤊ 0⤋
If the judgment is against both you and your husband, his wages are subject to garnishment. If the judgment is against you, alone, his wages are safe, until he deposits them in a bank account which is in both names, or otherwise co-mingles them with your property.
Even though you are unemployed, anything you own is subject to attachment (garnishment is a form of attachment). Each State makes certain items exempt from attachment, but a conscientious collector can make life difficult by attaching bank accounts, automobiles and other items (if they have a value over the exempt amount)
2006-07-19 06:18:26 · answer #3 · answered by CAPTREE 4 · 0⤊ 0⤋
It depends. Is the judgment solely entered against you? Do you live in a community property state? Each jurisdiction is different. If I took judgment against a person who is married in my state, I could bring the spouse in on a Citation to Discover Assets, but I could not touch any asset that was his because the judgment is against his spouse. If there was a joint checking account, I could seize the funds in the account. If there is real property, I could only seize, that 50% belonging to the judgment debtor. I hope this helps.
2006-07-19 06:19:53 · answer #4 · answered by legalbeagal250 2 · 0⤊ 0⤋
Child support is a legal requirement. Alimony, if court incited, it's legal requirement also. If he files taxes, this is all deductible for him. I'm not sure about garnishing of wages, but you can definitely take him to court.
2006-07-19 06:13:29 · answer #5 · answered by Nikki W 3 · 0⤊ 0⤋
If you are sole owner of the debt and the only one on the judgment and hes not a authorized co-creditor I don't think it can be done.
2006-07-19 06:13:34 · answer #6 · answered by Yakuza 7 · 0⤊ 0⤋
yes because u are married and all your debts are his and as such it goes they are both yours and his together remember the vows for better or worse well this is the worse part u both have to go through
2006-07-19 06:11:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes they can. I used to have to pay child support out of my check for my step son b/c my husband din't work. Thank God his mom handed him over so now he pays for child support.
2006-07-19 06:10:20 · answer #8 · answered by lillady 4 · 0⤊ 0⤋
Yes, in most states.
2006-07-19 06:13:54 · answer #9 · answered by deacon 6 · 0⤊ 0⤋
possibly. it depends on the judge. When you are married all financal situations are considered joined.
2006-07-19 06:09:42 · answer #10 · answered by Worried Rachel 2 · 0⤊ 0⤋