Legal Question in Credit and Debt Law in Utah

questions on wage garnishment

I got a phone call from a collection agence today asking for me by my maiden name. I didn't know who was calling so I refused to give out my married name but admitted that they had the right person. The lady said that I owed them $2411.65. I remember the debt but am unable to pay it because I'm about to have a baby and am not working. My husbands income barely gets us by and it's going to be worse after the baby is born. I'm afraid that they will somehow find out my married name and garnish my husbands wages. Can they garnish his wages even though the bill was made before we got married?

I really want to make payment arrangements but have no money to pay with. When I start working again I would like to try to settle on $1,000.00 but don't quite know how to do that and make sure they won't try to take me to court for the rest in the future. (assuming that it doesn't go to court before I offer the $1,000.00)


Asked on 6/23/99, 5:40 pm

1 Answer from Attorneys
Stuart Williams

Re: questions on wage garnishment

Don't tell them anything.

But, no, your husband didn't become liable on your debts by marrying you!

You are right, you need to have an airtight (legally!) agreement (with proper specifics, e.g., "legal consideration" specified within the contract) before you can rely on an agreement to pay less than what you owe without fear of having them come for the rest later. Get a lawyer to write or to read over the agreement once you make one up.

I suggest you don't talk to them. If you get a lawyer now, you can tell them to talk only to that lawyer and you won't hear from them again.

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Answered on 8/01/99, 2:06 pm


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