Legal Question in Credit and Debt Law in Georgia

my wife has a debt with a judgement against her. my name is not on the the debt. can my wages be garnished by that debt collector.


Asked on 2/16/12, 8:37 am

2 Answers from Attorneys

If your name is not on the judgment, then the answer would be no. Only your wife's wages, if any, can be garnished for her judgment debt.

Even if the judgment creditor cannot garnish your wages, other assets may be at risk. The judgment creditor can levy upon a joint bank account that you and your wife may have. Also, the judgment acts as a lien on any real property. If you own the real property jointly with your wife, that is fine, but when you go to sell it, the judgment lien will attach to your wife's share of the equity. Other assets that are owned free and clear (like a car) are also at risk if only in your wife's name.

Don't think about her suddenly deeding/titling over the assets to you or a family member. Now that a judgment has been entered, that would be a fraudulent conveyance.

The judgment was not your wife's first notice about this. She needs to think about resolution of the debt in some way, whether its bankruptcy or by way of settlement. If she has a lot of debt, she may want to consult with a bankruptcy attorney. If she does not wish to file bankruptcy and would like to explore resolution in a non-bankruptcy context or explore asseet-protection strategies, I may be able to help. I give free email consults; there is a charge of $50 for a 30 minute consult by phone. Please have your wife contact me at rachelforjustice@hotmail,com if she is interested.

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Answered on 2/16/12, 10:11 am
Alvin Albert Albert Law Group

I agree with the previous answer. At this point, since you already have a judgment, you will want to think of possible ways to settle the account. I would not rush into bankruptcy for one judgment. I would, however, contact an attorney if the judgment is large and needs to be negotiated. Best Wishes.

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Answered on 2/19/12, 7:23 pm


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