My employer received a writ of garnishment against me. Upon further research the debt is from my ex-husband. We were served while we were still married (2012) and he was paying the debt until he defaulted in may 2017. I had no idea that there was a default and there was no contact with me. I was informed that they are not pursuing him as he doesn't have any reported employment. Do I have any recourse or do I have the pleasure of paying another of his bills that wasn't mine?
You can check the decree of dissolution to see 1) whether the debt was assigned solely to the husband; and 2) whether the decree has a hold harmless clause that would authorize you to sue the husband to recover any money you lose for a debt assigned to him.
If he truly has no money, you being able to sue him may not bring you any money.
If you were sued back in 2012 and lost, you are liable for the judgment as far as the creditor is concerned. The creditor is not a party to your dissolution. So, how the divorce court assigned the debts between you and the husband does not affect the creditor's right to collect on a judgment against you.
You can review the specific facts with your attorney to find out your legal options.
If they got the judgment while you were married and named you in the lawsuit or the marital community, yes they have a right to collect. You may be able to sue him depending on what the dissolution decree states.
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Any debt during your marriage is both of yours if incurred in Washington or other community property state. Second you can check court file to see how they served you. If valid judgment they can garnish and is good 10 years and can renew 10 more. If you dont pay they garnish..They get interest and garnishment fees too. If bankruptcy is an option call one of us attorneys. .it's free to talk. Some like my firm can speak as early as 6 am...good luck.
Yes, you can be garnished for this community debt. If you have other significant debt you may wish to consider filing bankruptcy. Garnished wages can be recovered in the State of Washington for the debtor in bankruptcy if the bankruptcy is filed before the Judgment on Answer of Garnishee Defendant is filed with the Court which takes 60 days from date the Writ is issued plus about 1 week and sometimes it can go longer if the Creditor attorney does not act promptly. And don't forget that you bank account can be garnished at the same time as your wages without the ability to get the garnished amounts back unless they exceed $600 within 90 days prior to your bankruptcy filing. If you do not have significant other debt you might try to enter into a payment plan with the garnishing creditor if the amount owed to that creditor is not too bad. However, you need to be careful about that as it will leave you open for your ex-spouse to argue that you volunteered to pay that debt. Sometimes a garnishment is the catalyst to address your whole debt picture that people need to pursue a solution.
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