Can both spouses be garnished at the same time for the same debt?

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Can both spouses be garnished at the same time for the same debt?

Asked on July 29, 2011 Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the judgment is against both of the spouses, then the judgment is joint and several. As such, the judgment creditor assuming proper levy and garnishment proceedings are followed can garnish the wages of both spouses at the same time and levy upon all of their bank accounts and other assets at the same time to pay off the judgment.

Your option as judgment debtors would be to timely file a claim of exemption to stop the entire levy and garnishment if the items sought to be levied upon are exempt from levy and garnishment.

The best way to stop the levy and garnishment proceeding is to enter into a written signed agreement with the judgment creditor to make monthly installment payments if the judgment creditor is willing to do so.

Good luck.

 


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