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We live in Maricopa County Arizona. Can attorney garnish my husbands wages for medical debt incurred by me, his wife??

Glendale, AZ |

A Judgement for this debt, $3,200, has not be prepared or filed yet, attorney sends letters asking us to make payments to them, but we don't have the money to do so.

Attorney Answers 3

  1. Best answer

    Garnishment can only proceed after a judgment is entered so if no lawsuit has been prepared yet, garnishment is not an option at this time.

    Going to your original question, medical debts for reasonably medically necessary procedures or treatment for one spouse will also be deemed a debt of the other spouse under the doctrine of necessaries. The medical creditor will have to sue you both. Also, if the treatment was for elective items such as cosmetic surgery, I would take the view that it is not encompassed under the doctrine of necessaries.

    I hope this helps.

    By answering this question, general information is provided and no attorney-client relationship is established. For specific inquiries, you should consult with experienced counsel in your area.

  2. If the debt was incurred during the marriage usually the answer is yes.

  3. The simple answer is "yes." Because Arizona is a community property state the creditor will sue you both and will attempt to garnish whatever community property they can find, whether that is community wages or a community bank account. Unless you had a pre-marital or post-marital agreement altering the community property presumption, his wages will be subject to community creditors.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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