Can a third party debt collector garnish my spouse’s paycheck if I incurred the debt before I was married?
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Can a third party debt collector garnish my spouse’s paycheck if I incurred the debt before I was married?
I live in LA now but the debt incurred while I lived in MS. I am a stay-at-home mom and worried that they can garnish my husband’s check even though this was before we married.
Asked on July 6, 2011 under Bankruptcy Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states a spouse cannot be held liable for the pre-marital debts of the other spouse. However, LA is a community property state. As a general rule, in a community property state one spouse assumes liability for the other spouse's pre-marital debts. Although as a practical matter, many creditors do not go to the trouble of suing both spouses since it tends to complicate the process of obtaining a judgment. That having been said however, a creditor could choose to come after your husband, so his assets be at risk (to the extent that they are not considered exempt property under state law). This would include a garnishment of your husband's wages.
Since community property laws are unique to each state regarding spousal liability, I recommend that you consult with an attorney in your state who can review the details of your situation and advise you accordingly.
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