If and when you are hit with a garnishment, you will receive documentation that will allow you to request a hearing on the garnishment. In the hearing request form you can request a hearing to get the withholding percentage reduced from 25% to 15%. The Court pursuant to statute has discretion to lower the garnishment withholding percentage to 15% if the garnishment results in an extreme financial hardship. While you may want to avoid filing a bankruptcy, you should at least have a...
If the title loan remains unpaid the bounced check isn't the time limit to be concerned about. The statute of limitations for debt arising from a written contract is six years. See A.R.S. 12-548. The statute of limitations began to run when the debtor became in default of the loan. Additionally, the statute of limitations is a defense that the defendant needs to raise.
Also, if you have a lien against the vehicle's title you may be able to repossess the automobile.
You may want an...
Are you still married? AZ is a community property state so your wife could legally bind you to the debt with or without your signature. If the separation culminated in a divorce you may have a good defense.
Unfortunately, the answer is likely yes. Arizona is a community property state, so, if he incurred the debt during the marriage you are equally liable for the debt. Also, the creditor must have sued you and obtained a judgment in order to garnish your wages.
I agree with what has been said by the other attorneys and only want to add that many attorneys bill for the travel time to and from Court and for the mileage as well. So, your attorney could be saving you the additional fees by not appearing in person.
The quick answer is no. The debts she incurred before the marriage are not community debts and you have no legal obligation to pay her debts. If you're not married yet, she may want to file bankruptcy to get rid of her debt and then if your credit is good you can help her in reestablishing her credit.