Can both spouses be garnished at the same time for the same debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.