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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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If me and my wife got a divorce and the court awarded all debt

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If me and my wife got a divorce and the court awarded all debt incurred jointly. Can collection people still garnish my ex-wife's wages for something that the court awaded me?
Hello there:

To whom did the court award the debt? Also, in which state did this occur?
Customer: replied 4 years ago.
Me the ex-husband and in Arizona but she kept all her student loans.
Thank you for the clarification. Did the creditors obtained a judgment against either you or your wife prior to the divorce?
Customer: replied 4 years ago.
Yes even though the debt was incurred by me solely. I got a pay day loan and they got a lawyer to file papers on me it named me by name and they added Jane Doe for my wife i guess?
I apologize for the slight delay.

As you are probably aware, Arizona is a community property state. Part of what this means is that debts are incurred by the community, and the creditor can enforce a debt against either member of the community. The creditor is an innocent third-party to the transaction and their right to enforce the judgment against either spouse will not be compromised by assignment of the debt obligation in a divorce. If the creditor enforces the debt against someone who is not assigned the debt, the remedy is not against the creditor; it is against the spouse who did not pay. So, for example, the creditor might enforce the debt assigned to the husband against the wife; the wife's remedy would be to then sue the husband for her damages.
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