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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12529
Experience:  B.A.; M.B.A.; J.D.
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Can creditors get court order to garnish wages and or get into

Customer Question

Can creditors get court order to garnish wages and or get into my bank account for funds owed? I have a credit card with my ex wife and she is now filing bankruptcy and she was responsible for half the credit card debt on this card.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: Can creditors get court order to garnish wages and or get into my bank account for funds owed?


Response 1: Yes, they can. However, they must file a lawsuit first and prevail on that lawsuit before asking the Court to issue an Order for wage garnishment.


I have a credit card with my ex wife and she is now filing bankruptcy and she was responsible for half the credit card debt on this card.


Response 2: Now unfortunately, you are responsible for the whole thing because of her bankruptcy filing. Also, her bankruptcy filing does not prevent the creditors to go after you for the debt even if the Court ordered her to pay for half of the debt or all the debt. The Judge's Order is not binding on third parties, the creditors here.

I have been paying on the acct for 2 yrs and my ex has been responsible for payments. She is now filing bankruptcy with her new husband.I am wondering how this will affect my credit score which is good,


Response 3: Her bankruptcy filing does not affect your credit score. Also, if she was ordered by the Court to pay the credit card debts, then you can use that information to dispute the derogatory information on your credit file regarding the debt. There is a box on the dispute screen that you can check that you are not responsible for the debt because a divorce decree.


and if they can legally access my bank accounts for payment of credit card. Can they garnish my wages?


Response 4: Yes and Yes. However, if your ex was ordered by the divorce Judge to pay for the credit card debt, she would be responsible for paying the debt, which is part of the property settlement. Her bankruptcy would not discharge the property settlement to you eventhough her obligation on the debt as to the creditors would be discharged. So, even if the creditors cannot go after her for the debt, you can go after her for not making the payments pursuant to your divorce decree. However, in order to do this, you may file Motion for Relief from the Automatic Stay to get permission of the bankruptcy Court to file Contempt action against her in the State Court for failing to make the credit card payments as ordered by the Court, or you can wait until her bankruptcy case is concluded and file the contempt action in the State Court. Her marital settlement obligation is not discharged by her bankruptcy filing. See 11 U.S.C. Section 523 (a)(15)

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