judgements/garnishments
My husband had a credit card before I married him, now they have placed a judgement on him but now insisting they will attach my wages along with his. Can you do that?
Re: judgements/garnishments
No, it is not permissible to garnish wages of a non-debtor spouse when the debt was incurred before marriage. However, if those wages are commingled (into a similar checking account, etc.), those monies become legitimate targets of debt collectors.
Before a debt collector can garnish the wages of a spouse, that collector must bring a motion before the court and obtain an order.
So, you should both notify the debt collector in writing that you were married after the debt was incurred, and if that doesn't stop them, file an opposition to the collectors motion so stating.
For your understanding, I suggest you read California Family Code Sections 910 and 911 and see a local attorney.
Good luck!
