I was ordered to make payments through the courts for something i did can they garnish my husbands pay if i am allready paying and he was not on the court documents i was sentenced and order to make payments is this double jepordy? by the way this is in washington state.is there anyone out there that is a lawyer for some free advice.
2007-02-12 10:46:33 · 7 answers · asked by seaspirit_65 1 in Politics & Government ➔ Law & Ethics
If it is for Social Security, they will.
2007-02-12 10:51:44 · answer #1 · answered by Bawney 6 · 0⤊ 0⤋
If your husband did not sign as a guarantor in the Court Order, He cannot be made to pay or have his wages garnished. You as the Defendant in the case are in violation of a Court Order and while the United States Supreme Court says that a person cannot be incarcerated for their in-ability to pay, the Courts have gotten around that by enacting a law that states " A person violating the terms and or conditions of a court order or mandate may at the discresion of the Court, be arrested and confined until such time that the conditions are met. If you go back to the Court and advise them that you cannot pay according to the terms set out and you can prove it, they Cannot incarcerate you.
2007-02-12 10:58:27 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
No, they cannot garnish your husband's check unless he was also sued. Garnishment is not automatic, either. The creditor has to ask the Court for a Writ of Garnishment. You then have 20-30 days to answer the Writ. (The time period varies from state to state). When you answer, you have a right to claim exemptions. There are fed'l and state exemptions and you chose which are most favorable to you (usually the state exemptions). You have plenty of notice of a garnishment proceeding, but your husband's wages are safe UNLESS he was named in the original lawsuit.
2007-02-12 10:54:31 · answer #3 · answered by David M 7 · 0⤊ 0⤋
Look for an attorney in WA. There might be some who will do a free consultation (or low cost -- 75.00 or so). State law varies from state-to-state. Unofficially, it sounds to me that unless you and your husband were involved in a joint venture (where both of your names were in the legal documents) the state probaly cannot garnish his wages. They can however; put a lien on any joint property you both own including your house.
2007-02-12 10:53:42 · answer #4 · answered by aiminhigh24u2 6 · 0⤊ 0⤋
i dont know the laws in IL but around here if he wasnt mentionaed anywhere in the court orders they wont beable to garnish his wages but they will garnish yours
2007-02-12 10:50:25 · answer #5 · answered by bnd 3 · 1⤊ 0⤋
no, the only payment they can receive is from you through the courts
2016-03-29 04:00:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no
2007-02-12 10:50:04 · answer #7 · answered by booge 6 · 1⤊ 0⤋