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My wife & I received a complaint because there are some outstanding medical bills; my wife contacted the complainant to inquire about lessening the amount owed & spoke with a collection agency; the collector stated that if we don't pay the entire amount that they will garnish her wages. My question is: those bills were under my name so does the collection agency have the right to garnish my wife's wages? The reason given was because we live in a community property state (Washington). I was the one who signed all of the documents but the insurance is through my wife's employer.
Optional Information: State/Country relating to question: Washington Already Tried: just what was stated (contacting the collector)
Hello and welcome,Yes, as a community property state, debts incurred by either spouse during the marriage are typically obligations of both spouses, so either spouses' wages could be garnished. Keep in mind that a garnishment may occur only if a judgment is obtained normally (unless you have agreed in writing to have the wages garnished), so the creditor would need to file suit and obtain a judgment against both of you before a garnishment would be entered by a court normally.If they name only you in the lawsuit, then they could not garnish your wife's wages typically since the judgment must be against both of you for both to be held liable on the debt.Here is a link that provides more information on this:http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html
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Tina
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