Is it legal for a finance company to garnish the wages of both a husband and wife at the same time for the same debt?

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Is it legal for a finance company to garnish the wages of both a husband and wife at the same time for the same debt?

I co-signed with my husband on a vehicle. Soon after, my pay was reduced because of medical problems, so we gave the vehicle up in a voluntary repossession. The company sold the car for a fraction of the note, and now are garnishing both our wages. The garnishment is for 4 times the payment – we will be losing over $1400 per month when the car payment we couldn’t make was only $400. Is this legal?

Asked on May 15, 2012 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, under the circumstances that you are writing about it would be perfectly legal for the judgment creditor to garnish both your and your spouse's wages if you are both judgment debtors. The reason is that under the law, you both would be jointly and severally liable for the judgment. As such, both of you are obligated in getting the judgment paid off under the law.


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