My spouse is being sued, can they garnish my wages if a judgement is made?

Question

My spouse is being sued by Capital One credit card company for $900. She has no job, no assets. If a judgement is made, can they come after me? Garnish my wages? The card was in her name only. Also, if the case is dismissed, does that mean there is no judgement and she is clear?

Answer 1

As long as the card doesn't have your name on it you'll be OK. She's the one responsible for the credit card. HOWEVER, if you have a joint checking or savings account, they might be able to go thru there to get the money. If they can do that, you won't know about it until you start bouncing checks, and you won't be able to close the account either. As far as the dismissed part I don't know, but it would go on her credit report as an unpaid bill, she still needs to pay what she owes somehow.  I Hope you took it away from her and destroyed it.

Answer 2

If you did not co-borrow or co-sign then they can't come after you.  Why do you think they might dismiss it?  Doesn't she owe the money?

They can come after her assets.  That means bank accounts, cars, home, or anything with her name on it.  Plus, the judgment will continue to earn interest.  You could pay it for her even if you're not legally responsible.  It would be the best for your family, as a whole.  The judgment will stay out there, basically forever.  So, they can come back every few years and see if the situation has improved.

Answer 3

NO! they can not garnish a spouses wages unless the debt was a joint account.

Now as to her defense.  Make sure she shows up for the court hearing.  She may be considered "Judgment Proof" during periods of unemployment or while drawing disability pay or disability retired pay. Also, if she has no assets such as home, car, land, and other big-ticket items. In other words, she has no money and can prove it!

Even though they cannot collect anything from her now, they can wait many years and try again. Also, the judgment will show up on her credit report.

Special Note: Judgment-proof is the commonly used term but a more accurate term would be "execution-proof"! Although creditors and debt collectors win lawsuits, they still have to collect thus, if you are penniless you are insulated not from judgment but from execution (collection of the debt - at least temporarily).

If you lose your "judgment proof" status due to new employment, the creditor or collector can seek a judgment and ask for a wage garnishment of up to 25% of your disposable income. Once you're employed again, it's better to negotiate a reduced payoff rather than risk a court-ordered judgment. The difference is your credit report will show "debt settled" instead of the more negative "judgment"!

This is only a suggestion, but it doesn't hurt to try

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 4

No, if the card was in her name only you cannot be garnished.  I doubt that the case will be dismissed though- they will just get a judgment on her.  Then if & when she does get a job they will garnish up to 25% of her pay.  Also the $900.00 will increase due to additional interest, late fees, court costs & legal fees.  It can easily double or even triple.  Best to try to make small payment arrangements before they sue.  By the way, $900.00 balance hardly ever gets sued for- they may be just trying to scare her.

Answer 5

They cannot come after you. You need to pay down your debts.

http://www.ehow.com/how_2361102_get-debt...

Answer 6

Try to pay it and never get in debt, never owe anyone anything.

Answer 7

As others have already said, your paycheck can't be garnished.  However, they can attach any bank account with her name on it, even if all the funds are from your paycheck.

While it use to be unusual for credit card companies to sue for small amounts, more and more are going to small claims.  Capital One has it's own collection department and is extremely aggressive in collections, including filing lawsuits.

If the case is dismissed, there is no judgment.  However, they can refile the case unless it was dismissed with prejudice.

Answer 8

They will garnish the checking account IF they get a judgement and it is allowed in your state.  You can try and take her off the joint checking account but odds are they already have that information.  IMO your best bet is to setup a payment plan with Capital One... Do some online research and you will find they are not the friendliest to work with.