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I live with my boyfriend and his wages were attached years ago. Now they are attaching my wages, can they do that?

Salinas, CA |
Filed under: Wage garnishment

My boyfriend's debts are medical related.
I never was served.
I never signed anything.
We have lived together for a long time, 20 years.

Attorney Answers 3

Posted

You need to check the court case number and see what has been filed in the case. Is it the same case as your boyfriend's case? Did they add your name as a defendant in the old case or did they file a new lawsuit against you. In any event, you will need to sit down with a lawyer for a consultation, about one hour, and have the lawyer review the relevant paperwork that you will obtain from the court's file(s) in the case(s).

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Posted

The only way your wages could have been attached would be if you have been sued. Most courts post their records online so I would be searching the court records today even though the courts are closed. Your employer should have provided you with the attachment/garnishment paperwork, and if they haven't, you need to request this information. Hope this perspective helps!

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Posted

Ms. Bunce and Mr. Lysle are both correct, as usual. To have your wages garnished or your bank account levied, you would need to have been named in the debt collection lawsuit for this medical expense. If you were named and served with a lawsuit, you would need to defend the lawsuit, either by hiring a lawyer or doing it yourself. Many people who represent themselves or ignore the Summons and Complaint or who fail to file a timely response, end up with a money judgment against them, which the Plaintiff's collection attorney can enforce by wage garnishment, bank levy, and other procedures. Is it possible that you were named in this lawsuit but did not see it and did not know you needed to get a lawyer or respond to it?

It would be rare to name someone in a collection lawsuit, who never signed any agreement to be responsible for the debt and who is not married and never been married to the debtor, such as your boyfriend. Perhaps you did not recall that you signed papers during the admission process for him with this medical provider to be liable, if he failed to pay? These are the sorts of questions that would need to be answered to know what steps should be taken next. I'd suggest you contact an experienced debt collection defense attorney.

I also have linked below to my legal guide on wage garnishment for your review.

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com
www.facebook.com/SoCalConsumerLawyer
Twitter: @RStempler

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, APC ("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. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

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