- Wisconsin is a community property state. Generally speaking, a spouse has liability for the other spouse's debts in community property states. If the creditor sues both spouses regarding a debt and prevails, the creditor can get a judgment against either
Can my husband's wages be garnished for my debt?
I live in Wisconsin. I think a garnishment of my wages may happen. What percentage can be garnished from my wages? This is a civil suit. I am married and need to know if my husband's wages can be garnished for the same debt?
See the Bills.com resource Wisconsin Collection Laws for a general overview of the rights and liabilities of consumers under Wisconsin law.
Regarding your spouse's exposure to liability for your debt, that is dependent on the facts of each situation. Wisconsin is a community property state. Generally speaking, a spouse has liability for the other spouse's debts in community property states. If the creditor sues both spouses regarding a debt and prevails, the creditor can get a judgment against either or both spouses in that situation. However, if the creditor sues only one spouse, it cannot get a judgment against both spouses.
Therefore, a creditor with a judgment against a spouse may garnish the wages of that spouse, but not the other.
Joint financial accounts may be levied (called attachment in Wisconsin). Therefore, in a situation where a spouse expects to be a defendant in a lawsuit, the spouses should close all joint accounts to limit any exposure to attachment of funds in joint accounts.
If you reside in another state, see the Bills.com Wage Garnishment article to learn more. I hope this information helps you Find. Learn & Save.
Did you know?
Debt is used to buy a home, pay for bills, buy a car, or pay for a college education. According to the NY Federal Reserve total household debt as of Q4 2022 was $16.91 trillion. Auto loan debt was $1.55 trillion and credit card was $0.99 trillion.
A significant percentage of people in the US are struggling with monthly payments and about 26% of households in the United States have debt in collections. According to data gathered by Urban.org from a sample of credit reports, the median debt in collections is $1,739. Credit card debt is prevalent and 3% have delinquent or derogatory card debt. The median debt in collections is $422.
Collection and delinquency rates vary by state. For example, in Alabama, 15% have student loan debt. Of those holding student loan debt, 9% are in default. Auto/retail loan delinquency rate is 7%.
While many households can comfortably pay off their debt, it is clear that many people are struggling with debt. Make sure that you analyze your situation and find the best debt payoff solutions to match your situation.
Under federal law, whether you are above or below the poverty line is of no consequence to a court deciding how much a judgment-creditor may garnish from your wages. According to the Consumer Credit Protection Act (CCPA), you may have your wages garnished if your weekly disposable income is more than 30 times the minimum wage. Follow the hyperlink I just mentioned to learn more about Arizona's limits to the CCPA, and the Bills.com article Wage Garnishment to learn the general rules.