If I’ve a judgment against me in bankruptcy court and was married at the time but only my name is on the judgment, can the creditor go after my wife’s assets/wages?
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If I’ve a judgment against me in bankruptcy court and was married at the time but only my name is on the judgment, can the creditor go after my wife’s assets/wages?
The judgment is from 8 years ago.
Asked on September 22, 2014 under Bankruptcy Law, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since your wife did not file bankruptcy, the creditor could have gone after her for collection of the debt; however, since eight years have elapsed since the judgment, the statute of limitations has expired for collection of the debt and the creditor won't be able to pursue it.
In the event that the creditor attempts to collect the debt from your wife, she should assert the statute of limitations as a defense.
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