Can they garnish HIS wages?

[Majakat]

All the Credit cards are in my name - I am very part time self employed

husband was the authorized user on 2 cards -

If I am sued during the time period I am waiting to file BK - can they garnish his wages since we are in a community property state?

I have no equity in my home -

On the cards he was a Authorized user, his cards had no more that 500 in purchases total-

Just curious, trying to reduce reasons for me to stress...

[SMinGA]

If they first obtain a judgment against him or you both and your state allows garnishment - yes.

No judgment means no garnishment.

[shark66]

Or you can take him off those cards...

[jwmc1]

Or you can take him off those cards...

If he has used the cards, they may have an arguement...depends how he has been added as an authorized user. Have you pulled a credit report on him? Do these cards show up on his report? If not, I doubt he will even be on the radar.

[Majakat]

Nope they do not show on his report - I will be filing, just need to wait a bit - so was wondering -

[jwmc1]

If they haven't filed suit yet you probably can delay things for a few more months if you respond to the suits once filed and fight the judgements.

[Majakat]

I just double checked his report, the only one reporting is Capital One, and I am still current on that one, I think I will keep it that way - small min payments anyway - funny, his credit score went up 13 points in the last 2 weeks, mine has gone down 120 points in the last 2 months, ha - wish we were not in a community property state!

[GoingDown]

If he has used the cards, they may have an arguement...depends how he has been added as an authorized user. Have you pulled a credit report on him? Do these cards show up on his report? If not, I doubt he will even be on the radar.

It doesn't matter whether he ever used the cards or whether he was an authorized user. In a community property state, they can try to garnish his wages if they get a judgment against the wife.

[Majakat]

I figured as much, we will file asap if we end up with a summons, i dont know if i can stomach that!

[optimistic1]

Speaking from experience,

They will sue you initially, and they will list him as John Doe __________, your last name.

Then, when they win the suit, they will and can garnish both of your wages.

This is regardless of who's name was on what, you and him incurred marital debt on the behalf of the community as a whole entity.


Here is where it can work in your favor, as long as your state's bk judges are keen on community property and bk law, not like you couldn't object.

One of you file for BK, granted you will both have your property examined by the trustee and it will be subject to your states allowances and your wages will also be lumped together.

Discharge all of the debt for the marital community.

But until you receieve a discharge from the BK court, they can sue him and continue without violating the automatic stay, to which I disagree with, but I have read case law that supports the opinion, I have read IRS guidelines that say otherwise. It's funny, because there is so much misinformation out there.