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Debt Collection ... credit card collection

San Jose, CA |

i recently got an judgement against me personally from an credit card company.. since this is an debt i incurs myself , can they come after my wife's for wage garnishment, she is not any part of being name on the lawsuit nor consignor on my credit card , i had my credit card long before i had her ...

i am getting conflict of opinion below ,, is there more attorney can give me more inside on this issue..

Attorney Answers 3


  1. The judgment creditor cannot garnish your wife's wages. However, in enforcing the judgment, the judgment creditor can record an Abstract of Judgment which places a real property lien on any real property you co-own with your wife. The judgment creditor can also levy on any bank accounts that you jointly own.


  2. I agree with Mr. Chen about the abstract on real property and attaching joint bank accounts. However, the debt collector may amend the complaint to add your wife, if they determine that she can be held liable, as this may be a community debt (debt incurred during marriage that benefits the community). That happens from time to time, though it is not common.

    If you were not properly served, you have the right to set aside the default. Please see my blog, below, on setting aside default judgments. My web site also reviews your options regarding a debt collection lawsuit.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APLC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review.


  3. The debt collector can file a motion to have your wife's wages garnished immediately. The community is liable for the debt and your wife's wages are now part of the community property.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

    Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Joshua P. Friedman jfriedman@jpfassociates.com www.losangelescollector.com

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