I have been sued for possible 50K from civil case for possible damage the foreclosed home, I don't work and no money in account, but my husband is working for California based company overseas. he was not in the house during the time frame and has zero involvement.
if I get the judgment against myself, can they garnish my husband wage?
Thanks in advance!
Was the foreclosed home a community asset/obligation?
Was the mortgage a purchase money mortgage?
What was the nature of the damage?
What is alleged (in terms of technical type of damage) in the lawsuit?
There are not a lot of details and possibilities.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Attorney Harrington is correct. We need more facts before offering an opinion. California is a community property state, so, depending on the facts, your husband may or may not be liable for some or all of the judgment. You might also consider an individual bankruptcy. You should consult with an attorney to discuss your options.
Mr. Ridley is licensed to practice law throughout the state of CA with offices in Ventura and Los Angeles Counties. He is authorized to handle bankruptcy matters throughout Los Angeles, Ventura and Santa Barbara Counties. His phone number is (805) 244-5291or his email address is [email protected] . His website for more estate, bankruptcy and business information is www.ridleylawoffices.com .
This answer is intended to provide general information only. It does not create an Attorney-Client relationship nor should it be construed as legal advice or an opinion on specific situations. Eric D. Ridley is only licensed to practice law in California.
They need to get a judgment before they can garnish anyone. That might take a year or longer.
Do not listen to any legal opinions from any debt collector.
If they sue you, and they win, they can get a judgment against you. If they want to garnish your husband's wages, they will need to either get a judgment against him, or jump through a whole lot of hoop to garnish the 50% of his earnings that is community property. The amount of a wage garnishment can be no more than 25%. It is less if you have financial hardship. You would need to file a Claim of Exemption after the Sheriff served the garnishment order.
At the present time, is there a lawsuit with a court case number? If so, you should meet with a lawyer for a consultation.
While more information would be helpful, since you are married and very few people have a mortgage in the name of only one spouse, the answer is almost certainly "yes."
1. I don't suppose you had homeowners insurance in force? if so, tender the defense to them.
2.Settle the case if possible.
3. Keep your husband apprised of this situation. Do NOT change any assets to your name from his-or anyone else's. He may be able keep his assets from garnishment but only if you are legally separated, in which case his salary becomes his separate property.
4. Did I mention settlement as your best option? Try to make some sort of restitution so there is no collection.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline