Can my wages be garnished for my husband’s medical bills that were incurred before our marriage?

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Can my wages be garnished for my husband’s medical bills that were incurred before our marriage?

A lawyer called my husband threatening to take him to court for outstanding medical bills he had before we were married. He is unemployed right now without receiving unemployment benefits. We are barely scraping by. The lawyer wouldn’t listen to trying to work out a payment plan and threatened to take my pay check. Can they do that?

Asked on December 28, 2010 under Bankruptcy Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The fact is that liability for pre-marital debt varies from state-to-state.  However, the general rule is that unless a spouse agrees to be liable for their other spouse's a pre-marital debt, they are not a party to the transaction.  Accordingly, he/she will not face liability for the debt. 

Bottom line, you need to speak directly to an attorney in your state who specializes in family law to obtain a moreaccurate answer that reflects your particular facts.


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