top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

garnishing paychecks ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    garnishing paychecks ?

    I am unemployed, a stay-at-home mom, but my husband works. We are 2 months behind on loan payments to Citifinancial. (About 7-8 months behind to all other creditors, but i *was* keeping up with Citifinancial until just recently). Well they are starting to call family members. So today I gave them a call and tried to buy some time. They said they would be forced to take legal action on March 1st since we are already 2 months' behind ($700) and that would mean garnishing my husband's paychecks. Louisiana is a community property state so I guess they are entitled to do this but there would be a process to go through first right? For now they agreed to take $75to get them off my back, and will allow me to apply for a deferment so we won't be due until April. Hoping we have an attorney retained by then and we can start the BK.

    No one has ever mentioned garnishing my husband's paychecks before. Of course, I ignore most phone calls from CA's. But really, doesn't it take them some time before they are able to start garnishing? I'm starting to wonder if some of the other creditors will go this route and it's a bit scary. His paychecks are barely enough to cover the mortgage, insurance, utilties, groceries, and gas.

    #2
    First they would need to sue you, obtain a judgement, then start wage garnishment. It is not going to take you by surprise.

    If you are going to file BK then stop paying (even $75). Answer the phone, identify yourself, and say you can't make a payment at this time and hang up then they can't call your family trying to "locate" you.
    Filed CH13 - 06/2009
    Confirmed - 01/2010

    Comment


      #3
      But can they garnish a spouse's paycheck for the debt of one spouse, though?

      Comment


        #4
        Originally posted by BrokeIn2010 View Post
        But can they garnish a spouse's paycheck for the debt of one spouse, though?
        Yes, in a community property state they can go after either spouses assets with a judgement. That includes wages.
        Filed CH13 - 06/2009
        Confirmed - 01/2010

        Comment


          #5
          Originally posted by forgotten View Post
          Yes, in a community property state they can go after either spouses assets with a judgement. That includes wages.
          So in TN (where I live) which isn't a community-property state they couldn't go after my wife's paycheck for my debt?

          Comment


            #6
            Originally posted by BrokeIn2010 View Post
            So in TN (where I live) which isn't a community-property state they couldn't go after my wife's paycheck for my debt?
            Correct. OP was in a community property state, so that is what I was going by. If you are not in a community property state if your spouse was not on the original loan their check is safe. Be careful about putting that money in to a joint checking account however.
            Filed CH13 - 06/2009
            Confirmed - 01/2010

            Comment


              #7
              Originally posted by forgotten View Post
              Correct. OP was in a community property state, so that is what I was going by. If you are not in a community property state if your spouse was not on the original loan their check is safe. Be careful about putting that money in to a joint checking account however.
              Can't get the paycheck, but they can kit the bank-accounts sort of thing?

              Comment


                #8
                Originally posted by BrokeIn2010 View Post
                Can't get the paycheck, but they can kit the bank-accounts sort of thing?
                If your wife has a bank account in her name only, they cannot touch it.

                If you have a joint account, your wife's money can be seized, since joint accounts are considered equally owned by both parties.
                “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

                Comment

                bottom Ad Widget

                Collapse
                Working...
                X