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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Potential for Wage Garnishment After My Spouse Defaults on Debt

    My question involves collection proceedings in the State of: CALIFORNIA

    Hi there!

    My question concerns WAGE GARNISHMENT when a spouse defaults on student loans.

    Here is a brief background:

    My wife and myself married in 2000. Shortly thereafter (WITHOUT MY KNOWLEDGE) she obtained student loans while attending nursing school (in ~2003-2004) to the tune of ~$40,000. She told me her parents were providing the funds. We have mostly maintained our SEPARATE finances during our marriage since we never really agreed on money matters (I'm extremely cautious, frugal, perfect credit etc. - she's just the opposite).

    To make a v. long story short, money matters have caused severe rifts in our marriage and we're not on talking terms (for the most part) for a few years now. I came to know about the student loans (a shock for me) when the IRS WITHELD MY PORTION of the tax refund (joint taxes filed) for 2008 and 2009. My WIFE HAS BEEN UNEMPLOYED for a couple years now due to going in and out of jail for using drugs.

    I, myself am a returning student now and don't make a whole lot of money (~$6,000/yr). After having the living daylights scared out of me, and now doing some research on this I'm extremely concerned about the following: PLEASE HELP!!!

    A) Here in CA, can they GARNISH MY wages WITHOUT a court judgment?? How about with a judgement?? and if so, can they do this without notifiying me??

    B) Can they garnish money from my bank account (SOLELY in my name) that my parents will give me to help me out with college tuition. (and if so, with or without a judgement?)

    C) Can they prevent me from getting federal financial aid??

    D) Can they ruin my SPOTLESS credit history??

    E) Can they sieze my car (free and clear) worth ~$6,500 bought in 2006 in ONLY my Aunt's and my name??

    F) Finally, if I divorce my wife in a couple of years, will these loans follow me forever because of this whole "community property" debacle, since the loans were acquired during the marriage??

    Thank you very much for your help!! It is much appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Potential for Wage Garnishment After My Spouse Defaults on Debt

    If a creditor gets a judgment against you, they can use the judgment remedies of garnishment and execution against your non-exempt assets. You should get notice of any lawsuit. If you have delinquencies on your credit report, including judgment debts, your credit score will drop. If you divorce your spouse, you presumably will want to address the debt situation in the divorce and, ideally, to have any debts for which you share legal responsibility paid out of the marital estate in association with the division and distribution of assets.

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