Full question:
In a civil judgement may a husbands wages be garnished to collect on a judgement against the wife and are there any other means available to collect the judgement?
- Category: Debts and Credit
- Date:
- State: Georgia
Answer:
Typically, one spouse is not responsible for the other spouse's debts, provided the debt is an individual account, the spouse is not an authorized user, surety, guarantor, or cosigner, and they do not reside in a community property state. However, in community property states, the non-debtor spouse's assets may still be vulnerable. For instance, creditors can pursue jointly held assets in cases like bankruptcy, divorce, or litigation.
A judgment lien occurs when a court grants a creditor an interest in the debtor's property based on a court judgment. A creditor can file a judgment lien after obtaining a judgment from the court. In certain situations, creditors may enforce judgments by selling property to satisfy the debt.
The party who wins the judgment is called the judgment creditor, while the other party is the judgment debtor. If the judgment remains unpaid, the judgment debtor can request the court to place a lien on their property, including bank accounts or real estate, to secure payment. Following this, the creditor may sell the attached property to fulfill the judgment debt.
If the judgment is not paid, the winning party can obtain an 'Order for Examination of Judgment Debtor.' This order helps determine where the judgment debtor works, keeps money, and what assets they own.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.