US Legal Forms
Legal Resources
Questions & Answers
Debts and Credit
If my spouse had unpaid medical bills from before we married, can I now be held responsible?

If my spouse had unpaid medical bills from before we married, can I now be held responsible?

Q: Can medical debt garnish your wages?

Yes, medical debt can lead to wage garnishment if a creditor secures a court judgment against you. After obtaining the judgment, they may request a garnishment order to collect a portion of your wages. The amount garnished is subject to federal and state limits, typically not exceeding 25% of your disposable earnings.

Q: Can a wife be held responsible for husband's medical debt?

Generally, a wife cannot be held responsible for her husband's medical debt incurred before marriage unless she co-signed for the debt or lives in a community property state. In community property states, both spouses may share liability for debts incurred during the marriage. Always check state laws for specifics.

Q: What is the law on unpaid medical bills in Virginia?

In Virginia, unpaid medical bills are considered unsecured debts. Creditors can file a lawsuit to collect the debt, and if they win, they may garnish wages or place liens on property. Virginia law provides certain exemptions that protect a portion of your income from garnishment. Consult a local attorney for tailored advice.

Q: Can creditors go after my spouse for my debt?

Creditors typically cannot pursue your spouse for your individual debts unless they are jointly held or your spouse co-signed the debt. In community property states, creditors may have access to joint assets to satisfy your debts. Always review your state's laws for specific details.

Full question:

If my spouse had unpaid medical bills from well before we met or married, can I now be held responsible and can my wages be garnished?

Category: Debts and Credit
Subcategory: Garnishment
Date: 04/07/2025
State: Ohio

Answer:

Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.

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.

FAQs

Can wages be garnished for unpaid medical bills?

Yes, wages can be garnished for unpaid medical bills if a creditor obtains a court judgment against you. Once they have a judgment, they can seek to garnish your wages to collect the debt. The amount that can be garnished varies by state, but federal law limits garnishment to 25% of disposable earnings. It's important to respond to any legal notices regarding debt to avoid defaulting on the judgment.

What is the law on unpaid medical bills in Minnesota?

In Minnesota, medical bills are treated as unsecured debts. If unpaid, creditors can sue for the amount owed. If they win, they may obtain a judgment and can garnish wages or place liens on property to collect. Minnesota law also allows for certain exemptions, protecting a portion of your income from garnishment. Always consult a local attorney for specific advice.