Legal Question in Credit and Debt Law in Missouri
credit card wage garnishment
i have a credit card in my name and they want to garnish my husbands wages for the money. if it is not in my spouses name can they garnish his wages?
1 Answer from Attorneys
Re: credit card wage garnishment
No one can garnish anything until they get a judgment.
If the card is in your name alone, they can only sue you individually. They cannot join your husband unless he used the card and made promises to pay using the card. If he did, then he can be liable for the amount that he personally charged on the card, even though the card is in your name.
If your husband did not use the card, their threat to garnish his wages is meaningless. They have to get a judgment that binds him, or get one against both of you, and they can't do that if he has never signed anything and if the card is in your name alone.
If they sue to collect and they name your husband he needs to get a lawyer and move to dismiss immediately. DO NOT let the credit card company take a default judgment against the two of you, because at that point, they can garnish his wages.
Good luck.