If we agree on settlement, are the assets of anyone I have a relationship with subject to the terms of the agreement ifI lose the ability to pay?

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If we agree on settlement, are the assets of anyone I have a relationship with subject to the terms of the agreement ifI lose the ability to pay?

Asked on December 7, 2011 under Bankruptcy Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written agreement concerning a debt where you agree to pay so much over a certain period of time, the personal assets of any third person that you may have a relationship with subsequently (assuming you are not married to the person) would not be subject to any levy or garnishment.

The reason is that the person you may have a relationship with after the agreement was entered into with the creditor is not a party to the agreement that you have. However, if you marry, things could change under state laws where the marital assets of spouses (one-half) could be subject to a judgment against one spouse incurred before marriage.


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