Legal Question in Credit and Debt Law in California
Judgment
Can judgements affect your spouse if it was filed after we were married? She has a property under her name as married and sole separate property. Can the do wage garnishment too? Judgment is from credit card company under my name only
Asked on 8/04/08, 1:00 pm
1 Answer from Attorneys
Robert Mccoy
Law Office Of Robert McCoy
Re: Judgment
A judgment can affect your spouse whether it was obtained before or after marriage. The judgment creditor can take the property in your spouse's sole name, except it cannot attach her wages.
You could have avoided all this with a pre-nup. It still may not be too late to fix at least part of this problem with a transmutation agreement. You also may want to consider filing bankruptcy to stop any garnishments or attachments.
Answered on 8/04/08, 7:29 pm