Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
You are correct that the judgment holder can try to collect that debt from your husband, but not from you. In general, judgment holders can attempt to collect a debt by garnishing wages and bank accounts, and placing liens on property. Since he is unemployed, there is currently no worry about wage garnishment. However, if he has a bank account in his name along, or a joint account with you, these can be garnished.
I think this is what you wanted to know. If not, please let me know.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
When one spouse files bankruptcy in a community property state, the marital community enjoys the protection of the filing spouse's bankruptcy discharge. Section 524 of the Bankruptcy Code provides that any community property that the filing spouse and the non filer acquire after the bankrutptcy is protected from creditors of the non filer who held a claim against the non filing spouse as of the date of the filing.
A creditor with a claim against the non filing spouse can only collect its debt from the separate property of the non filing spouse. In ,WISCONSIN that separate property is comprised of assets acquired before marriage; assets acquired by gift during marriage; or assets acquired by inheritance.
Your attorney should send a letter and your discharge letter to the collections agency stating to them the debt cannot be collected.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).