I received a Notice to Judgement Debtor by certified mail; what should I do? My name is not associated with the business.

Asked about 1 year ago - Omaha, NE

I owe a creditor; they sued me and won. I plan on paying them and tried to work out a payment plan with them. I am unemployed and am applying for Social security disability for over 3 years.
However, they sent me the certified letter to my husband's business. He is self employed and he is the only full time employee and he has a part time employee. They assume from the statement that I am either an owner or an employee of his business. I worked for my husband which ended back in 1994. My name is not on his business. It is an S corporation and he is the President, VP, Secretary and Treasurer. I have no association with the business. Should I respond to the interrogatory which asks to garnish my wages. or because I do not owe the amount or my status as "not head of family" is incorrect

Attorney answers (2)

  1. Patrick M Driver

    Contributor Level 8

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . You should speak with an attorney as soon as possible. It appears that the judgment creditor has filed a garnishment against you to collect against any wages or interest you may have in the business. The interrogatories are to the business, not you. If you begin answering on behalf of the business, you may actually cause problems for yourself in the future. Moreover, there are harsh consequences for the business if it fails to return the garnishment timely.

    In short, contact an attorney.

  2. Tregg Robert Lunn

    Pro

    Contributor Level 13

    Answered . Yes, you should respond to the questions and let the court know that you do not have any ownership interest in the business. The judgement collector may garnish your shared bank account though.

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