Re: Wage garnishment for unpaid joint debt.

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Re: Wage garnishment for unpaid joint debt.

My ex-husband agreed to pay specified joint credit card debt and the mortgage on the house in which he still resides as per our divorce agreement. He has not been paying on these items and has damaged my credit. Can I garnish his wages in order to make payments myself and take care of the mess myself?

Asked on June 23, 2009 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This might be possible, but it would probably take more than one motion or application to the court.  I'm not a California attorney, and the law and procedure are different from one state to another.  For advice you can rely upon, based on all of the facts of your case, you need to talk to a lawyer in your area.  One place to find qualified attorneys is our website, http://attorneypages.com

One other approach to this problem might be to ask the court to force a sale of the house, if the mortgage and the bills are not brought up to date by a deadline, with the credit cards being paid off out of his share of the sale proceeds.


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