Yes and no. It depends on the state that you live in. See an attorney.
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.
A debt is a debt. The credit card collectors can take you to court and get a judgment on you to pay what is due. They can have your wages garnished. This is the channels they will take first. If they do not get satisfied through garnishments they can go after your property. But this is rare.
Texas law only allows wage garnishment when the judgment creditor does not have other means for collecting the debt owed. If the debtor has a bank account or non exempt property that can be levied, seized or a lien placed by a judgment, wage garnishment is not allowed.
The creditor has won a lawsuit judgment against the debtor(s) and can execute the judgment against any nonexempt property belonging to the debtor(s). The preferred method of judgment execution is wage garnishment followed by bank account levy, or seizure and sale of nonexempt property or a lien against real property. North Carolina, South Carolina, Pennsylvania and Texas do not allow wage garnishment for creditor debt. The exception is Texas where the court can grant wage garnishment if the debtor has no other property for which the judgment can be executed against. Married couples living in community property states are both usually responsible for debts incurred during the marriage regardless of which spouse is the account holder or borrower.
No. However, if a creditor sues the debtor and wins a judgment, in most cases the judgment can be executed against joint marital property, such as bank accounts. Therefore, a new spouse can be affected by the premarital debts of their partner.
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.
Yes.
If both parties are named in the judgment, then a lien can be placed against the property of either or both parties. There may be, however, the possibility of appeal and removal of one party due to the dissolution of marriage.
no
Your wages will be garnished or bank account levied or any real property you own will have a lien filed against it, until you can pay it off.
It depends on your state: If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage. If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in all likelihood, free from the lien of the judgment.
Maryland is a "equitable property" state. This means that all marital property acquired during the marriage should be divided equally. If in fact the property is aquired prior to the marriage, you are the sole owner.
You cannot be arrested for failing to pay a debt. The collection could sue you, but the judgment would be nearly impossible to enforce. Your disability benefits cannot be taken or garnished to enforce the judgment. The most they could do is put the judgment on your credit rating, put a lien on your property and perhaps have some of your nonexempt property taken and sold to pay toward the judgment.
A debt is a debt. The credit card collectors can take you to court and get a judgment on you to pay what is due. They can have your wages garnished. This is the channels they will take first. If they do not get satisfied through garnishments they can go after your property. But this is rare.
No an independent contractors earnings can not be garnished in Idaho. However a levy may be placed on a person's property or rights to property.
A judgment can be against either the person or their property. A personal judgment is against the individual's assets or income, while a lien on property is against the person's property.
The new spouse would not be directly responsible for the debt owed but, he or she could be affected by the execution of the judgment writ, as it is usually possible for joint marital property to be attached under such circumstances. For example, a joint marital bank account could be subject to levy by a judgment creditor unless the account is protected by Tenancy By The Entirety laws.