What a debt collector has the right to do and what they actually do are often two different things. Debt collectors are known for their relentless pursuit of payment, often trying to scare a debtor into making a payment just to be left alone. If you owe debt and are being pursued by a debt collector, they do have the right to after your wife's money in some instances.
Collection Laws
The Federal Trade Commission publishes a handbook outlining the specifications of the Fair Debt Collection Practices Act. This act provides rules on how debt collectors are supposed to act, particularly in terms of the methods they may use to contact debtors. Under the provisions of the act, no debt collector may contact a person other than the individual debtor unless trying to determine location information of the original debtor. This provision prevents a debt collector from legally contacting your wife, letting alone trying to take her money, without your express permission. The exception to this is if your wife is also a legal party to the debt.
Individual Property
In most states, spouses are only responsible for the debts of the other spouse if they are incurred jointly after marriage. For example, if you live in Nebraska and you open a credit card in your name, even after marriage that debt belongs to you only. As a result, debt collectors can only go after you if you owe them a debt. Similarly, any property you own in your name only belongs to you solely for legal purposes. As a result, debt collectors cannot go after your wife's money if it is in her name only, but they may be able to attach it if you both incurred the debt jointly and you have jointly owned assets.
Community Property
In nine states, ownership laws known as community property laws exist. In these states, most debt and property acquired after a marriage is considered to be equally split between the two spouses. If you live in a community property state, it may be more difficult to prevent a debt collector from coming after your wife's money. If you can demonstrate that money your spouse owns has always been in her name, even before the marriage, and is not now used for your joint benefit, you can legally prevent a debt collector from attaching it. However, that may be more difficult to prove in a community property state.
Penalties
If you know your rights, you can legally force a collector from harassing or pursuing your wife if she is not legally responsible to pay any of your debt. The Fair Debt Collection Practices Act describes extensive legal ramifications for failure to adhere to the provisions of the act.
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