If I have a judgment against only me, can the judgment creditor try to collect from my husband who is not a judgment debtor?

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If I have a judgment against only me, can the judgment creditor try to collect from my husband who is not a judgment debtor?

Judgment is just over $4000. Creditor is an individual. She has started calling my husband at work threatening to garnish his wages but he’s not on the judgment.

Asked on March 19, 2012 under Bankruptcy Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of most states in this country, if a judgment is entered against a spouse for an event that happened during the marriage, the marital assets of the marriage such as the wages of the spouse that the judgment was not against would be subject to a wage garnishment.

In your matter, your husband's wages could very well be subject to a wage garnishment with respect to the judgment against you. I suggest that you try and enter into a monthly payment schedule in writing with the judgment creditor.


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