The extent that a husband's wages can be garnished for a wife's debt or in addition to attachments to the wife's wages depends on the type of debt, where they live and the account terms. Some states prohibit wage garnishment for most unsecured consumer debt, while others allow wage garnishment, liens and bank levies for almost any debt. Regardless of state laws, federal law prohibits garnishment of more than a set amount.
Facts
Most states that allow wage garnishment limit the attachment to the person named on the account. Additionally, the Fair Debt Collection Practices Act prohibits debt collectors from making false statements to debtors. Consult with a legal professional or contact your State Attorney General regarding wage garnishment laws in your area. If a debt collector tells you they can garnish your husband's wages or otherwise threatens you with actions prohibited by state law, you retain the right to file a complaint with the Federal Trade Commission or your State Attorney General's Office.
Joint Liability
If both spouses jointly hold the account, creditors may pursue the husband, wife or both for the same debt. Subject to court approval, both wages may be garnished. Authorized users on credit cards did not enter into an agreement with the creditor and are therefore not liable for the debt. Married couples living in community property states may be subject to garnishment and other collection attempts for either spouse's debt. The husband's responsibility for the debt depends on state laws regarding debt made prior to or during the marriage.
Garnishment Process
Once an account goes into collections, creditors attempt to obtain payment by contacting the responsible party. When other collection attempts fail, creditors may file a lawsuit. During the lawsuit, a creditor may request wage garnishment to ensure repayment. Once a judgment for garnishment is in place, the debtor's employer receives a copy of the order and withholds a portion of each paycheck until the debt is paid. Creditors may garnish up to 25 percent of your weekly wages for most consumer debt.
Other Concerns
Generally, creditors can garnish joint bank accounts for debts owed by one party. The non-liable spouse may file an exemption with the court to protect their funds. Back taxes may result in liens, wage garnishment or bank levies from either spouse in community property states or for jointly filed taxes. Additionally, joint federal tax refunds may be withheld for spousal or child support debt and back taxes. A spouse may file an "innocent spouse" or "injured spouse" claim with the Internal Revenue Service to protect their assets.
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