When a marriage occurs after old debts.........
Date: Tue, 10/20/2009 - 21:50
Jane marries John in the summer of 2009. Jane had no job, lots of debts prior to the marriage. There was a signed agreement that John would not be responsible for Jane's past debts.
If a collector sues and wins a judgement, and Jane still is unemployed or works making money below the poverty level, can the collector garnish John's accounts to pay his wife's debts? Can a judge order Jane to pay the debt and allow garnishment because her husband has paying job, even though the debts were occurred in 2008 or before?
Jane's salary is anywhere from $0-400 a month.
I told Jane the judge could grant a judgment, but he can't order a garnishment because her salary is too low for garnishment. I also told Jane the laws protects the new spouse from being responsible for old debts occurring before the new marriage.
Am I right?
If a collector sues and wins a judgement, and Jane still is unemployed or works making money below the poverty level, can the collector garnish John's accounts to pay his wife's debts? Can a judge order Jane to pay the debt and allow garnishment because her husband has paying job, even though the debts were occurred in 2008 or before?
Jane's salary is anywhere from $0-400 a month.
I told Jane the judge could grant a judgment, but he can't order a garnishment because her salary is too low for garnishment. I also told Jane the laws protects the new spouse from being responsible for old debts occurring before the new marriage.
Am I right?
