A debtor's debts are his alone. A creditor is not allowed to seek payment from another party for a relative's debt, nor is a relative obligated to pay it. Only the person who legally agreed to take on the debt is required to pay it. This means that a debtor cannot seize the wages of a person for a debt owed solely be her husband.
Debt Obligations
When a person takes on a debt, he will either secure the debt in an oral or a written agreement. In either case, the lender and the debtor will specify who has guaranteed the payment of the debt. A person cannot have another person guarantee his own debt without that party's permission. Therefore, a wife cannot have her husband guarantee or be responsible for her debt unless he agrees to do so.
State Laws
Although spouses may share a number of things, including the management of household finances, a spouse is responsible for her debts alone. Although some states may interpret property as being commonly owned, a spouse's debt is his own. This means that a creditor cannot legally hold a person responsible for her husband's debts unless the spouse was a co-signer on the loan contract.
Garnishment
Garnishment of wages can only be pursued with the permission of a judge. Wages can only be garnished against the person who owes the money to the creditor filing a lawsuit. If the creditor wins a lawsuit against a debtor, then the creditor may be allowed to file a motion for garnishment. However, a creditor cannot garnish the wages of the debtor's spouse.
Bank Accounts
Although the wages of a spouse cannot be legally intercepted by a creditor for her husbands debts, this does not mean that the money will remain safe. Many creditors will also seek to have a bank account controlled by the debtor frozen and money seized from it. If this happens, then money earned by the non-debtor spouse but used by the debtor could be taken by the creditor.
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