• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wage Garnishment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

money1962

Guest
New Jersey, my spouse has received court documents to be sued for credit card debt. Ilm sure its for wage garnishment. I already have garnishments totaling 10% of my pay for debt I incurred. can they attatch MY wages? She is not currently employed nor do we own real estate. This is a debt that has her name attatched only. Thanks in advanced
 


bigun

Senior Member
No, they can't attach your wages. Looks like they'll get a judgement that'll sit and accrue interest for years. Why don't you 2 consider bankruptcy instead of letting someone garnish your check or have this judgement lying around that'll bite you if you ever do have any assets?
 

JETX

Senior Member
With apologies to Money1962:

Bigun: Since you have blocked access to receiving direct emails from the forum, I am forced to send this to you via the public forum (I would normally send this privately).
For some reason, you seem to be a big advocate of bankruptcy filings. Are you in the bankruptcy biz???
IMHO, your making broad sweeping recommendations to file for bankruptcy clearly does not seem appropriate in a lot of your 'advice posts'.

For example, this particular case....
You have no idea the amount of the outstanding debt, you have no idea what assets or other debts this person has, you have no idea of the validity of the debt, you have no idea if this is a debt or a judgment, and so on, yet your only suggestion is "Why don't you 2 consider bankruptcy"!!
Without intimate knowledge of the facts of the debtors, I personally think that this suggestion is premature to say the least. I have to believe that you seem to have another agenda here.

------------------------------------
Back to money1962:
Your post is a little contradictory. It implies that she is being sued ("my spouse has received court documents to be sued for credit card debt."), yet later you talk about garnishment. If she is still in the process of litigation and no judgment has been rendered, there can't be garnishment. My suggestion would be to find out if she is being sued, and if so, defend the case if there is a defense. However, if a judgment has already been rendered and you are receiving a garnishment notice, it is probably only one of several attempts that could be made to enforce the judgment.


 

bigun

Senior Member
Halket,

I don't mind your question. No, I am not in the bk business. I am in no business. I am a retired banker. And, no agenda.
During my career, I saw many people in distress. They would show me their debts and ask how to save their home and other possessions. As a general rule, I never saw just 1 credit card in collection. If 1 was in collection, you could bet 3 or 4 or more were in default. If one creditor was garnishing someones wages, there were others waiting in the wings.
Admittedly, my attitude towards bk is more liberal than many in the business community. I feel bk should be the last resort. But, when you are in so deep that getting out and providing for your family is impossible then, I believe you should throw the hand in and start over.
Hopefully, you'll be wiser about handling credit and place more emphasis on saving money instead of consuming. Bk has some very serious implications that I try and point out in my posts. But, sometimes it is the only avenue available.
 
K

keyofgk

Guest
I have a comment re: bankruptcy in this thread. Having just become a creditor through a judgment which I handled myself in court to save expenses, I am offended at the ease with which bankruptcy is suggested. I don't want my debt discharged, I pay the monthly bill on this debt, plus the interest, and I NEED THE MONEY. To turn around after all my effort and agony (wading through the court system), and just blow this debt off so that I am the only one who pays PISSES me off. People's attitudes here amaze me--how can I keep the stuff and not pay for it? SOMEONE is paying for it. WE ALL are paying for your inability to control yourself and be accountable for your actions. Grow up. Legitimate things happen, sickness, divorce. But there is no excuse for instant gratification without consequence. I'll get off my soapbox now....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top