can they garnish my wages? I'm the only one that's employed right now. The Judgment was entered last week. It's a debt carryover from a Chapter 13 that we couldn't finish since we couldn't make the payments anymore, and it was dismissed. I don't know why the suit was against just my husband, we are in a community property state so can they go after me too?
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Did you check about converting your plan to a chapter 7? If you are the sole provider then I can't see a judge allowing wage garnishment. I am sure some others on this forum will have some insight. -
As the soul provider, you are exempt from any garnishment. In that you are not the "Individual", that was named, it would be illegal to take your monies. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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not necessarlily true. was the debt made prior to marriage by husband, or did both of you create the debt??Comment
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found this on california wage garnishment
. California Wage Garnishment
Up to 25% of the debtor's net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy.Comment
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Thanks, I'll check on Monday. However the named defendant is my husband only, with no et al. or anything else after his name. It doesn't say a married man, or an individual, or anything. I'm just wondering if they can get a garnishment without having to do something further to identify him as a married man.
The debt was a credit card that was in his name only, but I also had a card with the same company in just my name but a different account number. I don't know why they just went after his account, maybe because it had a higher limit.Comment
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