- 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.
Struggling with debt?
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 Q2 2022 was $16.15 trillion. Auto loan debt was $1.50 trillion and credit card was $0.89 trillion.
According to data gathered by Urban.org from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1.739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 10% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.
Collection and delinquency rates vary by state. For example, in California, 11% have student loan debt. Of those holding student loan debt, 8% are in default. Auto/retail loan delinquency rate is 3%.
Avoiding collections isn’t always possible. A sudden loss of employment, death in the family, or sickness can lead to financial hardship. Fortunately, there are many ways to deal with debt including an aggressive payment plan, debt consolidation loan, or a negotiated settlement.