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Yes, if the spouse is a co-debtor and named in the final judgment writ. Or the married couple reside in a community property state and the debt was incurred during the marriage.
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Can a court garnish both spouses' wages up to 25 percent for a judgment?
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. No. 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. Barbe
Can a creditor take your federal or state income tax refund to pay a judgment?
If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor. I would consult with a tax attorney.
Can a tax refund be garnished even though its the ex spouses income which money was owed?
If you files jointly for that year I think they can hit you both until paid
Can your wages be garnished in Florida to collect a small claims judgment?
Florida does allow wage garnishment for creditor debt. However, if the debtor qualifies as "head of household" the garnishment is difficult to enforce unless the debtor earns a substantial income. (Florida Statute, Chapter 77, 221.11)
In Ohio what percentage of wages can be garnished and what exemptions are allowed for judgment action on a loan deficiency amount for a repossessed vehicle?
Ohio follows federal garnishment guidelines which allow a maximum of 25% of the garnishee's disposable income to be seized, with the first $154.50 weekly based income being exempted. Child support, alimony, disability benefits, public assistance, and all Social Security benefits are 100% exempt from garnishment by a judgment creditor. The judgment creditor must serve (or make a reasonable attempt to deliver) a 15 day notice to the named garnishee before the action can commence. Other personal and real property that can be exempted from judgment creditor attachment are outlined in Ohio BK exemption statutes. Please note, it is the responsibility of the judgment debtor to claim the allowed exemptions.
Can unemployment benefits can be garnished by outstanding judgment?
Yes, in the majority of U.S. states unemployment benefits are not exempt from creditor judgment action. The usual amount is 10% of the expendable income.
Can you be garnished by a creditor and be garnished for child support simultaneously in New York?
yes you can but only by two at a time and they can not exceed 10% of your gross income.
Can a court garnish both spouses' wages up to 25 percent for a judgment?
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. No. 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. Barbe
What property can a judgment creditor attach if you do not own real property or vehicles and the only money in your checking account is from regular wages?
They can garnish your wages. Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment. A judgment creditor can levy a bank account including a joint account or a joint marital account. Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure. The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc). Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor. Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.
Can a judgment creditor take your retirement 401 or annuities?
It really depends on which state you live in. Every state has different rules about who can garnish what types of income. Most states do not allow 401K or annuities to be garnished for any reason.
In the state of Mississippi can wages be garnished for unpaid medical bills?
Yes, a lawsuit judgment can be executed as a wage garnishment. Wage garnishment for creditor debt is possible in all states with the exception of North Carolina, South Carolina, Pennsylvania and Texas (with certain exceptions). Before wages can be garnished the creditor must file a lawsuit in the appropriate state court where the debtor lives. If the creditor prevails in the suit a judgment will be entered against the debtor, and the judgment creditor can then execute it as a wage garnishment. Federal law allows for a maximum of 25% of disposable income to be garnished, with the first $154.50 (weekly based) being exempt. Some states have established there own garnishment laws and percentages. If the state's percentage is lower than the federal the state is the one that is used. No. Only child support and unpaid taxes may be unvoluntary taken from your pay check. * Yes. The issue of child support and tax arrearages only pertains to exempted income such as Social Security benefits. Mississippi allows a judgment creditor to execute said judgment as a wage garnishment.
Can a creditor take your federal or state income tax refund to pay a judgment?
If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor. I would consult with a tax attorney.
In Texas can a creditor judgment for an unpaid phone bill be enforced as a wage or tax refund garnishment or a bank account levy?
A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.
Can a second income be garinshed?
ANY JOB YOU HAVE AND THE CREDITOR FINDS OUT ABOUT IT CAN BE GARNISHED. IF YOU ARE IN BUDINESS FOR YOUR SELF YOU CAN TELL THE COLLECTOR TO GO __________________HIMSELF. GOOD LUCK ROD.
What is the amount they can garnish out of your check in GEORGIA?
Up to 25% of your disposable income, but I'm assuming that's for EACH creditor, and it is possible to be garnished by multiple creditors.
Can your wages be garnished in Florida to collect a small claims judgment?
Florida does allow wage garnishment for creditor debt. However, if the debtor qualifies as "head of household" the garnishment is difficult to enforce unless the debtor earns a substantial income. (Florida Statute, Chapter 77, 221.11)
Can a tax refund be garnished even though its the ex spouses income which money was owed?
If you files jointly for that year I think they can hit you both until paid
