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Can a husband and a wife's paychecks each be garnished at the same time?

Oklahoma City, OK |

My husband is an over-the-road truck driver. His paychecks are garnished because of owing back taxes. He is 59 years old and had never filed taxes. So they (IRS) is garnishing his wages for several years of taxes at a time. We were buying a pickup from Express Credit Auto when the garnishments started and I didn't make enough money to pay so I took the truck back to them. Now they are suing me for the money. Will they garnish my paychecks now too? I don't make enough to pay our bills now!

Attorney Answers 4


  1. Best answer

    If both you and your husband owe a debt, the creditor can garnish the pay of either or both of you, limited only by state law. However, the IRS isn't bound by the laws where you live because they are, well, the IRS.

    Bankruptcy can provide for a way to resolve back taxes in an orderly and affordable way. I suggest you contact a local attorney specializing in bankruptcy for further info. Hope this perspective helps!


  2. You & your husband have a score of legal problems.

    Start by consulting a bankruptcy attorney in person.


  3. Yes. You can both be garnished up to the maximum allowed by your state if you are liable on a judgment or tax debt.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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