A creditor may legally obtain a garnishment through the court system, allowing that creditor to take a portion of a person's paycheck until the debt owed to the creditor is satisfied. If you do not personally owe a creditor a debt, the creditor cannot garnish your wages, even if your spouse owes money to the creditor.
Garnishment
A garnishment allows creditors to take funds owed to them using legal methods. A creditor must present its case that an individual has not paid a debt legally owed to be granted a writ of garnishment. The writ of garnishment can then be served on that person's employer, who must redirect a portion of a person's earnings to the creditor until the old debt is satisfied. A creditor may also garnish bank accounts held by the debtor, freezing and seizing assets in the accounts until the amount of the garnishment is satisfied.
Spouse's Liability
If your spouse entered into a contract with the creditor, agreeing to pay back a loan, but you did not enter into the contract, the creditor cannot legally pursue your paycheck. When a garnishment is served on your employer, you also receive a notice in the mail detailing the garnishment amount. This notice also provides information on contesting the garnishment, including a deadline for you to file your challenge to the garnishment with the court.
Judgment First
A creditor must obtain a judgment against your wife before the creditor may pursue any garnishment actions through the court. To receive a legal judgment, the creditor must file a lawsuit against your spouse for the debt and win the suit in court. The court determines the final amount your wife owes the creditor. The exception to this process is if your wife owes taxes from filing separately from you or payment for federal student loans. The government may then garnish wages or bank accounts without suing first.
Other Restrictions
A garnishment may not seize more than 25 percent of a person's disposable earnings for a week's pay or the amount of a person's earnings that exceeds 30 times the federal minimum wage for a week's earnings, whichever amount is less. Disposable income is defined as the amount a person has earned after all deductions are taken out of a paycheck (such as taxes and health insurance).
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