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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116816
Experience:  Attorney with over 24 years experience.
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If I have a judgement to collect money from one personal can

Customer Question

If I have a judgement to collect money from one personal can I collect from their spouse. At the time of the rental agreement contract she was not married but got married a few month later during the lease agreement. He did move in but was never on the lease. Because they are now married can I garnish his wages? I filed the case only against her because she was on the lease and I didn't have his name at the time. Does the Judgment need to be against both of them to garnish wages or bank accounts.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, if you did not sue the spouse and did not name the spouse in the suit, the judgment is enforceable only against the named party. So you cannot pursue the party that was not named in the suit and you cannot garnish his wages for the judgment which is legally her separate debt under Colorado law. If her name is ***** ***** bank account, you can move to seize those accounts, even if it has his name on the account as well (joint accounts).