Question on wage garnishment r/o

[anmartin31]

I have been out of work since February due to medical complications with my pregnancy and I was put on bedrest. I dont get unemployment or disability and my family is surviving on just my husbands income. We will be filing CH7 in Oct, we can file any sooner as we are going thru a trial loan modification with our mortgage company and that takes 3 months. I live in Washington state and my questions are, if I get served a summons and have no wages to garnish will they immediately go after my husbands income? Do they have to take him to court in order to do this and will this delay the process. Also, can you have any exemptions - say if you are a family of 4 with a mortgage do they take as much income as if you were a single person surviving on the same income. If they garnish his wages I am afraid that we wont have enough money to live off. We havent paid on our credit cards since the end of February and I am beginning to worry.

[AngelinaCatHub]

OK, I don't know your state laws, but, if you get sued, due to your medical circumstances you can get it delayed. Do so. Then if you are bk and not your husband, I don't know your laws again. There is a statutory maximum they can claim. They can't take it all. But when you file, the garnishment would stop. 'Hub

[music12]

i think generally any debts you incur while you are married are both yours and your husband's. it could be that they would just sue the both of you together. but all could depend on state law, as 'Hub says.

and like 'Hub says, you can ask to postpone any suit due to medical circumstances - if you are sued, you would write to the court that you are on bedrest, enclose a note from your doctor, and ask them to wait until after your baby is born hopefully you'll be able to get to Oct without even any judgment.

[OhioFiler]

It's highly unlikely any of your creditors will sue you before October if you only stopped paying in February. They'll try all kinds of other tricks to collect from you long before it ends up in court.

I would not worry about this issue. Focus on your's and the new baby's health and let the creditors worry about you not paying them.

[anmartin31]

Thanks everyone