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garnishment of wages

Posted on : 02-15-2008 | By : askinglaw | In : Other Legal Topics


I was wondering how they could garnish one persons wages without garnishing the other person as well, which is for the same exact thing. Even though that person doesn’t have a job shouldn’t they be responsible as well??? They are garnishing my boyfriend wages for all 2,000 dollars owed but shouldn’t they be split in half because i was on there as well.. Thanks

Answers (4)

If you don’t have a job there is nothing they can garnish.

Debt collectors do whatever it takes to collect money. They go with the path of least resistance. It’s not about fair, it’s about getting their money as quickly, easily, and legally as possble. Garnishment is a know entity to these collection agencies. Do you have any assets? Would you rather the company sue you and force you to liquidate some of these assets (car, house, computer etc)?
Most state laws are written with the creditor in mind. If you don’t like your current situation, I would recommend getting a lawyer. But for $2,000 that might be cost prohibitive.

I wouldn’t worry about getting a lawyer. Chances are they aren’t going to liquidate your assets for the other 1,000. They will wait until you get a job and after about 8-9 months it will catch up to you. If I were you I would work out a payment schedule with them.

Under the legal concept joint and several liability, if more than one person is liable for an obligation, any one of those people can be required to pay it in full. Therefore, if two people are liable for a $2000 debt, the creditor can go after each person to get the full amount, or both for partial payment. But, of course, the creditor would never be entitled to more than the judgment, so once the $2000 was collected [plus other items such as court costs], the debt would be released and the creditor could not go after the other person for the money.

This is not unique to debt collection and it is not something “shady” that collectors are doing. Its a legal principal that runs throughout the law and is applied to any obligation owed by more than one person.

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