Garnishing wages

[nazstar]

Most of the debt is in my name. In 4 weeks, I will be quitting my job and will have no income. If the cc and personal loans are in my name ALONE and I have no income, can they start garnishing my husband's paycheck? We weren't married when I opened these lines of credit - we have only been legally married for a year (married in our hearts for 3 years though...Awwwwwww).

[woeisme]

I don't think they can go after his paycheck if debts are in your name alone, but I'm just guessing here, I think you'd need to ask a lawyer about specific rules for wage garnishment in your state to be sure. Maybe in a community property state his wages would be considered partially yours, but otherwise I can't imagine them being able to go after his wages for debts that he is in no way responsible for. While I wouldn't be too concerned about the paycheck issue, I would worry about any joint bank accounts or jointly owned assets that they could put a lein on once they realize you have no wages to go after. For example, if the house is in both your names, or a vehicle, etc.

[nazstar]

Thanks. We are including the house in the filing. Our checking account is joint but we live paycheck to paycheck so there aren't any savings. No other assets for them to go after. I am just starting to get the calls from the cc companies so I think I have a few months before it gets really bad. Since I recently moved, I need to write to them and notify them of my new address. I want to make sure that I am getting all correspondence from them since I am basically ignoring phone calls.

[Rintaro]

Thanks. We are including the house in the filing. Our checking account is joint but we live paycheck to paycheck so there aren't any savings. No other assets for them to go after. I am just starting to get the calls from the cc companies so I think I have a few months before it gets really bad. Since I recently moved, I need to write to them and notify them of my new address. I want to make sure that I am getting all correspondence from them since I am basically ignoring phone calls.

I would reccomend him opening a checking Account in his name alone and having his paycheck deposited in his account. That way they can't levy his paycheck funds that are in the jointly held account.

[FreshLikeADaisy]

Agreed with Rintaro; that's the only weak spot I see in your set up as you described it. If I recall correctly, you said you were in Florida? This is not a community property state, so you're good on that. Without community property laws or jointly held accts, he's safe from your garnishments. Good luck!!!

[FreshLikeADaisy]

P.S. Have you considered getting a P.O. Box for the bankruptcy and creditor-related stuff? I got one (my folks didn't want to get firehosed with all of my stuff) and it's been well worth it. I wasn't able to get a USPS P.O. box anywhere close, but I got a UPS Store mailbox just up the road, and I think it was the best money they ever spent for me. One addl advantage I can see for you in getting one is that it would keep your new physical address off of your financial-related accounts, and one more point of separation between your hubby's finances and your own. Ah well, just a thought. Good luck!!!

[Rintaro]

Agreed with Rintaro; that's the only weak spot I see in your set up as you described it. If I recall correctly, you said you were in Florida? This is not a community property state, so you're good on that. Without community property laws or jointly held accts, he's safe from your garnishments. Good luck!!!

Am I correct in assumiong that even in Community property states, if a debt is incurred prior to a marriage and a bank accounts are seperate ( not joint ) isn't the Non indebted spouse still safe from levy so long as debt holder is not on those accounts?

[FreshLikeADaisy]

Rintaro, my understanding of it that you are at least half right: no debt acquired during the marriage = no joint debt.

But, any assets acquired during the marriage are held jointly and, as far as I know, are indeed at risk. To hold cash in separate accounts is wise, but may not do the trick if a creditor really wanted to come after the cash, because by state law that cash belongs to both parties in a marriage even if both names are not on it. And what about lienable property, such as land or vehicles?

All I know is that it gets really funky in community property states, no matter whose name is on what debt in the marriage. To me, this would be worth the cost of an atty consult, just because it gets so tangled. If anyone has better knowledge of this, now would be the time to jump in....

[danaf]

I spoke to several attorneys about this since I am now in a community property state and a few of my debts were newer (ie. after I married). I was told that since the cards were obtain pre-marriage (yrs before and only in my name) then the community property doesn't apply. Who knows if this is true but this is what I'm going with as I'll be filing ch7 and my husband will not be filing.

[nazstar]

Prior to any garnishments, they would have to take me to court though. Correct? So I would have some warning on this.