poppie
Date: Tue, 06/29/2010 - 12:45
My new husband has a credit card debt that has gone to collections. He is on Social Security Disability. I know they cannot garnish his income but can they garnish mine? This debt was before we were even married. We also own a home and two vehicles. Can they take our vehicles or other property? We want to pay this debt off but need to do it in payments.
Regardless of whether you live in a community property state or
Regardless of whether you live in a community property state or not, if the debt was incurred before you were married, you cannot be touched unless you agreed to assume responsibility for the debt. Therefore they cannot garnish your wages. They can put a lien on your husband's half of the house and any that is in his name.
Typically, creditors try and avoid seizing property. Most large property like a house or a car usually has other liens (like a mortgage or a car loan) that would take priority (be first in line for payment) if the property was seized. What they would probably do is put judgment liens on his property until the debt was paid off.
