I rcvd garnishment notice - are my spouse's asset safe?

Discussion in 'Credit Talk' started by sportura, Mar 8, 2007.

  1. sportura

    sportura New Member

    Hi,

    I live in MN & received a 'Garnishment exemption notice and notice of intent to garnish earnings within 10 days'.

    Currently, I am unemployed. I don't have any checking/savings accounts in my name. All accounts are in my wife's name only (checking & savings).

    I have not worked since Jan '01 - I've been a stay-at-home dad since then. At my last place of employment, my salary was direct deposited into my wife's checking account. Obviously, nothing has gone in since my departure 6 yrs ago.

    Will the Judgment Creditor go after my wife's assets? My concern is borne from the 1st line of the notice - '...garnishment summons or levy may be served upon your employer or other third paties...'.

    Could my wife be characterized as a 3rd party?

    Finally, all that I have are credit cards in my name. My primary worry are the credit cards, opened under my wife's name & ss #. She put me on as an authorized cardholder.

    Are her credit card accounts susceptible to any type of garnishment?

    Thanks for any help.
     
  2. collectman

    collectman Well-Known Member

    MN is not a community property state. As long as your name is not attached to anything of hers, bank, property, then can not attach those items. It may be a good idea to work out an arrangment for payment.
     
  3. peeper

    peeper Well-Known Member

    Typical ca response.
     
  4. collectman

    collectman Well-Known Member

    Typical debtor response.
     
  5. BigCatGuy

    BigCatGuy Member

    I have not worked since Jan '01 - I've been a stay-at-home dad since then. At my last place of employment, my salary was direct deposited into my wife's checking account. Obviously, nothing has gone in since my departure 6 yrs ago.



    Do you plan on never working again?
     
  6. curly

    curly Member

    Would the answer be different if he was in Calif, which is a community property state?
    Thanks.
     
  7. collectman

    collectman Well-Known Member

    Yes. Any community property state is attachable under certain circumstances. An attorney would be best fit to answer more specific questions.
     

Share This Page