also...can MY WAGES be garnished??
2006-09-10 03:12:59 · 10 answers · asked by Loriann 2 in Politics & Government ➔ Law & Ethics
I know that it is coming...but we have not been served yet...wouldnt now be the time to get other names on the property??
2006-09-10 03:33:12 · update #1
it would probably help if it wasn't in his name and no you can not get your earnings garnised........
2006-09-10 03:16:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your wages cannot be garnished unless you are also named in the lawsuit as a defendant. Also joint property cannot (in most cases) be attached as part of a law suit settlement unless both parties are named in the suit. If your husband loses the suit the plaintiff can go after any property your husband has in his name only or the plaintiff may garnish his wages via court order. Do not attempt to move any assets prior to the trial... it is illegal to do so. If you stand to loose more than a few thousand dollars as aresult of this suit you'd better seek the advice of an attorney. If it's just a small claims deal... just have your facts in a row along with documentation and a good explanation and take your chances. Even if you loose a small claims case you'll save the legal fees.
2006-09-10 10:19:36 · answer #2 · answered by lowrider 4 · 0⤊ 0⤋
Frankly, whether you are right or wrong has nothing to do with the legality of this problem.
If you have not been served any papers and there is nothing in the wind, so to speak, get everything out of your husbands name, including house, auto, bank accounts. Your wages cannot be garnished for debts of your husband. They will put a lien against your home and if it is a Judgment suit, your joint bank accounts can be seized. Everything you own, including your car can be sold at auction by the Sheriff's Department.
I would personally contact whomever I owe, and try to strike a deal, before it goes to court. In the future, don't co-mingle funds or properties with a husband who won't pay his debts. You'll be the loser in more ways than one.
2006-09-10 10:58:48 · answer #3 · answered by skyeblue 5 · 0⤊ 0⤋
If the suit is in progress and you start putting things only in your name, you're viewed as doing fraudulent transactions and they'll be tagged for judgment. Most jurisdictions have a time frame prior to being in court that covers that sort of dodge. Just as an example, in federal bankruptcy court, any transactions 6 years prior can be viewed for possible asset hiding.
Also, states vary in what is considered joint property in a civil action. You need to contact a GOOD attorney ASAP and take him or her all the assets and valuations of each, who's name is on what, and details on the suit or pending suit. They can tell you what your best course of action is from there.
Wage garnishment is different. Normally if it's his loss in court he would be the only one who could get their wages taken. That is the other thing to bring up with the attorney. Take your income figures for both of you, and your household expenses. I'd also take the past two years of your income tax filings, state and federal.
Just trying to save you some time, if you go to the attorney with all the information they need they can give you a solid quick answer to your questions. Good luck.
2006-09-10 10:32:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Be mindful of the "criminal intent" of hiding assets. See a lawyer before you attempt this.
No your wages can not be garnished for things that are clearly your husbands debt. But keep in mind, if your husband is being sued over a credit card debt, that you both have use of, you can be held equally responsible. Things like that can get your check garnished.
2006-09-10 10:23:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on the State. In Florida a judgment against one spouse can not be collected on jointly owned property. However, moving title in anticipation of a judgment would likely be voided.
2006-09-10 10:19:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends. If you attempt to move assets during a civil proceeding then the court may view this as an attempt to shield assets. If the transfer occurred prior to, the court will look at the circumstances.
2006-09-10 10:16:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
if the *** hole is being sued it must be 4 a good reason and u get what is coming. sorry but thats the way it is!!
2006-09-10 10:23:56 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It would, but changing it now won't save them. It would have had to have been done at least a year before the lawsuit.
2006-09-10 10:21:24 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No...in the eye of the law, you are a union. What you own, your husband owns and vice versa.
2006-09-10 10:19:40 · answer #10 · answered by coachls 4 · 0⤊ 0⤋