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Roger, Attorney
Category: Legal
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband has a bill in his name only, he did not make the

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My husband has a bill in his name only, he did not make the payments and the company has began taking money from his income. I recieved a letter saying they were taking my state income tax. We filed married together. Can they take my state income tax too?. It's not my bill, I never signed or have had anything to do with it?.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Utah is NOT a community property state, which means that a spouse is NOT responsible/liable for the individual debts of the other spouse under any circumstance, so the creditor should not be allowed to attach/seize your money for his debt.

If they were to attempt to garnish your refund check, you would have the right to claim your portion of the refund proceeds by proving what part of the refund is due to your income/deductions, etc.

If you can show the creditor what portion of the money belongs to you, then you should be able to keep that amount. If the creditor tries to seize the check, you'll likely have to file a motion to quash the garnishment with the court that issued the order to allow the seizure of the check and then provide the proof of what part of the check is yours.
Customer: replied 3 years ago.

We have tryed to get the attorney to give me my portion of the tax return, with is the majority of it. I made most of the money and paid all of the taxes, but the attorney just ignores our letters. The return money it's enough to get an attorney to help us an I thing he knows that.

It certainly may be the case that it's not worth spending the money to sue for your portion as that would cost more than what you would be recovering.

The bad news is that IF you don't raise a legal claim to the portion of the money that you claim, then the creditor can keep it - - basically, you waive your rights to the money by not objecting to the court. That said, you may want to consult your local legal aid office for help on this. If they could help you out with forms to file, you could attempt this on your own and avoid the legal fees.
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