Final judgment was awarded about two months ago from a hospital visit three years ago. The total is about $13,000 with interest accruing( I assume). I have no intention on repaying a single dime on this debt. I'm married and am a stay-at-home mom. I don't work and don't have a joint bank account or any bank account in my name. My husband and I own a home (I'm on the deed because we are married but the loan is in his name) which is about to be foreclosed on. We own one car which is in my name and has been paid off(5 yrs old). Worth about $3000....The only other thing in my name is the cable bill. My husband and I are planning to both file for bankruptcy(mostly because of the foreclosure). Meanwhile, I just want to know what they can legally do to try and obtain their money. Can they take anything from my husband?
As long as you did not sign onto this debt your assets are not exposed to your husband's debts. If your husband is the head of the household his income should receive some exemption should they attempt to garnish his wages. Note that the creditor can still attempt to garnish his wages but when he receives the notice he will have to file a petition claiming head of household exemption. Keep your assets separate.