Legal Question in Credit and Debt Law in California
my company is being sued. my wife is name is not on my dba, could her wages be garnished?
1 Answer from Attorneys
If the company is a dba, then it it's debts are essentially your personal debts. In California, if you were married at the time the debts were incurred, then they are generally considered to be community debts, and she could be held liable. If she is determined to be liable, and a judgment is entered against her, then yes, her wages could be garnished. You should probably review the credit agreements and other information regarding the business with an attorney to determine if in fact the creditors can go after your wife.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."