If I file bankruptcy can they hold my husband liable in any way for my debts?

UPDATED: Mar 28, 2015

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If I file bankruptcy can they hold my husband liable in any way for my debts?

A garnishment has been filed against me at my place of employment. About 15 years ago, I co-signed for my daughter on a car. They are now garnishing my wages. I am considering bankruptcy, however, I am now married and my husband just retired.

Asked on March 28, 2015 under Bankruptcy Law, Missouri


Gregory Abbott / Consumer Law Northwest

Answered 7 years ago | Contributor

If they are garnishing you, they presumably have a Judgment against you.  If your husband's name is not on that Judgment, he cannot be held liable for it and they cannot take his property to satisfy it - regardless of whether you declare bankruptcy or not.  If both of your names are on an asset or bank account, however, they likely can garnish or levy against it and your husband would have to be able to prove that what was seized was really his, not your's, in order to get it back.  15 years is a long time so you may also want an attorney to review everything to be sure their judgment is still valid.

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