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Can a debt collector garnish my ex-husband while receiving payments from me?

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kygirl99

Junior Member
What is the name of your state (only U.S. law)? Kentucky


My ex-husband and I were co-owners of an Explorer that was repossessed in 2004. I was garnished for the debt for a short time during our separation, and so was he, at different times. Most recently, I agreed in our divorce last year that I would take responsibility for the debt. I made payment arrangements with the debt collector in June of 2012, and have been faithfully paying every month.

The debt collector sent me a letter in August stating that they had not received my payment and I was now in default. I panicked when I received it, because I had sent the payment a few days before the day it was due (the 8th) like I always do. I called and spoke to the same woman who set up my payment arrangements. She told me they had gotten my payment on the 9th and that the letter was automatically generated, not to worry about it because my account was fine.

Today, my ex-husband called to say when he picked his check up at work, it was garnished. I don't know if what happened in August had any bearing on it, or if they would have gone after him once they found where he worked regardless of that.

My question is, can they garnish him when receiving payments from me? Do we have any options regarding this? He cannot afford to have his wages garnished, and I fully intended to pay the balance off on my own.
 


TigerD

Senior Member
They couldn't garnish without a judgment.
With a judgment, they can garnish.
It appears you had a payment arrangement and broke the arrangement by paying late.
And they exercised their option to get paid.

Yes they can garnish him while receiving payments from you.

DC
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Kentucky


My ex-husband and I were co-owners of an Explorer that was repossessed in 2004. I was garnished for the debt for a short time during our separation, and so was he, at different times. Most recently, I agreed in our divorce last year that I would take responsibility for the debt. I made payment arrangements with the debt collector in June of 2012, and have been faithfully paying every month.

The debt collector sent me a letter in August stating that they had not received my payment and I was now in default. I panicked when I received it, because I had sent the payment a few days before the day it was due (the 8th) like I always do. I called and spoke to the same woman who set up my payment arrangements. She told me they had gotten my payment on the 9th and that the letter was automatically generated, not to worry about it because my account was fine.

Today, my ex-husband called to say when he picked his check up at work, it was garnished. I don't know if what happened in August had any bearing on it, or if they would have gone after him once they found where he worked regardless of that.

My question is, can they garnish him when receiving payments from me? Do we have any options regarding this? He cannot afford to have his wages garnished, and I fully intended to pay the balance off on my own.
Yes they can.

The divorce settlement that says you assume responsibility for this joint debt is not binding upon the creditor who is currently collecting on this debt. They are proceeding based upon the original loan agreement which gives them the right to go after either party (or BOTH parties) to collect if the debt goes into default.

Based on the fact that both you and your ex have been garnished for the debt, that would have to mean that a judgment was obtained for the debt sometime after the repossession in 2004. If that judgment is still in force, or has been renewed, then the creditor can obtain and enforce a garnishment order for either or both of you to repay the remaining balance on the debt.

Apparently, the creditor didn't feel like you were making enough of an effort to pay what was owed. Despite having received your payment, they decided they would also garnish your ex so that the balance would be paid down faster. Legally, they can do that. And since you agreed in the divorce settlement to assume responsibility for the debt, your ex can actually come after YOU to recover whatever payments were made from his garnishment unless you voluntarily reimburse him for what he has paid on your behalf.
 

swalsh411

Senior Member
Well let's see. If somebody owed me money would I rather:

A) Hope they send in payment in each as agreed

or

B) Garnish something much more reliable, a pay check.
 

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