Is it legal for collectors to garnish my wages for my wife’s medical bills?

Collectors are garnishing my wages for my wife’s medical bills. She used my insurance but I didn’t sign anything. Am I responsible for her medical bills the collection companies lawyers are saying I am. The economy has hit our family hard with the garnishment I am about to lose my car and having trouble coming up with rent.

Asked on March 22, 2012 under Bankruptcy Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the claim and resulting judgment against your wife occurred while she was married to you, there is nothing illegal for the judgment creditor to garnish your wages as her husband. The reason is that under the laws of most states in this country, the marital assets of either spouse are subject to levy by the judgment creditor concerning the fact situation that you have written about.

I suggest that you try and enter into a written monthly installment agreement with the judgment creditor where your wages would not be garnished where you pay so much per month so that you can provide for your family.


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