Friday, November 6, 2009

Can a California resident protect his paycheck from debt collectors for spouses debts from before marriage?

My wife has $XX,XXX outstanding student loans that she took out before we married. Can debt collectors garnish my wages or seize my possessions?

Can a California resident protect his paycheck from debt collectors for spouses debts from before marriage?
yes that is why they have that statement "for better or worse"' the worse is about to hit the fan!!!
Reply:I don't think so because I think Ca. only garnishes for child support or taxes.
Reply:I doubt they can garnish your wages. The only way I would think they could is if you co-signed for the loans or if you were listed as a responsible party on a consolidation or refinance agreement for the loans in question.


I would contact an attorney or legal services for your area. It should be a simple question for any lawyer to answer.
Reply:they can try, but as long as you can prove it was her


debt before you married her, they can't.





www.creditinfocenter.com


buddhibbs.com





Make them proof you owe the money and if they garnish


your wages or try to seize anything before proofing YOU


owe THEM, then sue them back !!!!
Reply:YOu might want to consider talking to an attorney about this. If California is a community property state (which i dont know if it is or not) then it is possible they can go after you even though these debts were made before marriage.
Reply:You need to talk to a tax preparer about injured spouse relief, Form 8379, and see if you qualify for it. If you can catch a local tax place right now before they get really busy in January they will probably have time to talk your situation over with you. Most tax places will talk with you for free. Good luck.


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