Asked in RepossessionCredit and Debit CardsIncome Garnishment
Can a court garnish both spouses' wages up to 25 percent for a judgment?
July 14, 2015 4:05PM
yes.but i am sure there will be some calculations on the judges part before coming up with a set amount. depends on the income combined, if you have kids, child support etc.
A creditor judgment can only be enforced once against one party.
The exception would be different creditor judgments against spouses who have joint debts. For instance, the husband's income could be garnished for a debt and the wife's income could be garnished for a joint marital debt by a different creditor.
I'm afraid the first two answers are wrong. Judges have little discretion. The amount of a garnishment is determined by the law, not by the judge. The only thing I have seen them change is the percentage of interest. Courts do not care about how many kids a person has. I don't believe child support is exempt, although it would only come into play if the creditor attached your bank account. As for the second answer - It depends on who got sued. If the creditor got a judgment against both of you, then you both can have your personal wages garnished. If you and your brother and your best friend get a judgment against all three of you, then all three of you can be garnished at the same time. Everyone gets garnished until the debt is paid.
There is also an "Other Than Personal Wages Garnishment" which is usually the creditor attaching your bank accounts. If you have a joint account then any money in there is potentially available to be attached. It is a gray area and it would be necessary for you to go to court to have the funds returned. But if you comingle your funds, then that money is fair game.
My experience is limited to Ohio garnishment law.
Hope this helps.