Skip to main content
No photo

Tim Pribisco’s Answers

42 total

  • Can they garnish my wages for a judgment against my spouse?

    A couple of years back, a company obtained a judgment against my wife. Now they are trying to garnish my wages. Is that legal? Can they go directly after my wages even though my name isn't on the judgment.

    Tim’s Answer

    Based upon your representation of the facts, if the judgment creditor obtained a judgment against only your spouse, then garnishing your wages is likely improper. If perhaps you are mistaken and you were actually a party to this lawsuit and the judgment is against you, be aware that your state may have regulations on the amount of wages a judgmnet creditor may garnish, and that your wages could be exempt from garnishment if you meet certain criteria.

    See question 
  • I am currently due to attend a pretrial mediation with a collection agency that bought a debt that has been charged off .

    the debt was included in a bankruptcy 2 yrs ago $4350.00 . i had to dismiss the bankruptcy this was a unsecure loan . since then the collection agency bought the acct . this acct was charged off .

    Tim’s Answer

    If your question is whether the debt collection agency can attempt to collect the debt from you, the general answer is yes. It appears you did not receive a discharge as to this debt because the Bankruptcy court dismissed your case. The charged off status and the collection attempt by a debt collector do not prevent attempts to collect this debt. However, a debt collector must prove that it actually owns the debt and the amount of debt is correct. More information such as what the debt is for, whether there is a lawsuit currently pending, and how long the debt was incurred would be helpful in providing advice.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Tim A. Pribisco (904) 854-6336.

    See question