Law-Forums.org

[jarl]

My husband got a credit card during our marriage and we always paid on time but due to job layoff and illness we fell behind.We are both working now but make only enogh money to pay for the bare necessities.So now he's had an arbitration award made against him. In the state of Texas (community property and family code laws) will they come after me since I did not sign the application? Should I get a separate bank account in my name only to protect my wages? Can he direct deposit his paycheck into his sister's account or will the creditors find out from his employer his sister's bank account info and freeze his money and his sister's too?Direct deposit is mandatory at his company. Please help we are not deadbeats. We're just having a hard time right now.

[max]

I work for a law firm, who does just that, If your name is not on the card, you can not be held responsible, Yes they can garnish his wages, or bank account, even if you name is also on it, They cannot garnish you sisters bank account, but i doubt his work or payroll company will allow him to have direct deposit into an account with out his name on it, My fiance wanted to have his directly deposited into my account and he couldn't. Way to avoid garnishment, Start to make monthly payments, depending on the company your husband works for, he can dodge them to a certain extent, first off the law firm will need to be able to verify his employment with the company you can put it off by asking the company to require signed authorization from him to verify employment, this only works for a small company and even then the law firm can subpoena his company for the information, You husband could set up a wage assignment at least that way he can choose how much is taken our of his check, I would only suggest trying that after they have already garnished his wages. But you can delay it by using to tips i gave you below, but eventually they will be able to force him to pay. So Good Luck! If you need anymore help or have any questions feel free to e-mail me!

[bedyw25]

debt like property is jointly owned - if you are not in Texas i wouldn't worry about the judgment they would have to sue you in your state of residence to take your wages and only the feds can close your bank account

just reread - they can take a portion of your wages but they cannot take money out of your account ( they can only do this for a bad check or other withdrawal arrangement ) if the dept is collectible they will sue but they know your income and assets and will not throw good money after bad in more litigation - why haven't you contacted a debt service

[edmondo93]

PAY YOR DEBTS. Don't waste your time trying to figure out how to avoid your legal and moral obligations to your lenders.

You are both responsable for these debts. Do a monthly budget and contact your lenders and tell them how much you will be paying a month until you pay it off.

Go to www.daveramsey.com to download a sample budget and debt repayment form.

[curran]

If you are in Texas or in any community property state, you are jointly liable for your husband's debts just like you are the joint owner of anything he buys. Opening a separate account in just your name will not protect you. Depositing his pay in his sister's account will work but only for a short time as the creditors will be able to garnish his wages and then the money will be deducted directly from his paycheck, before it gets to the bank. You don't have a whole lot of options, and your best one would be first to get a part time job (or your husband gets one) and bring in more money till the debt is paid off, and to also contact the arbitrator to explain your financial straits. The debtor would rather get regular, guaranteed payments in a smaller amount than assess larger payments that are never met.

And please do not get a car title loan, payday loan or any of the other short-term loans you see on TV and online. The late payment penalties, interest and fees on these loans are highway robbery and almost guarantee you will end up deeper in debt instead of getting out.

[lundie]

I believe that marriage automatically makes any debt owned the responsibility of both partners, even if the other wasn't explicitly listed as a cosigner or borrower. Try to reach a settlement with the creditor, but by all means, consult an attorney because you will most likely have to separate your assets to prevent the creditor from going after your wages and savings.

[fiynn]

The bank account ideas have no bearing on them taking the money. Garnishments are taken BEFORE the employee gets their money at all, sort of like taxes are.

Not sure if you're liable or not, but really its a moot point-- HE is liable and you two seem to share your income, so you'll be hurt financially if he is.

[bardoul]

Check out: http://legaljustice.blogspot.com They have good information on a number of different topic dealing with laws and the court system.

http://legaljustice.blogspot.com