Question

Can My wages be garnished in texas for a debt that is my husbands?

My husband owed a debt to a credit card company and they have called him and stated that not only are they going to sue him but they are going to garnish his wages by 25% and mine by 25 %. Can they do this? My name is not on there anywhere?

7 years ago - 6 answers

Best Answer

Chosen by Asker

If your name isn't on the billing....I don't see how that can happen...They (collections) are just trying to pressure into getting the money owed them...If the harassment continues, I'd seek financial advice from a lawyer who specializes in this kind of issue. Good Luck!

7 years ago

Other Answers

If your name is not on the account, no they cannot. It is a pressure tactic to get the account paid by any means possible. Unless the credit card company hires a lawyer to collect, then and only then can they go through garnishment, and you would get a notice in the mail from the lawyer stating that they will garnish your wages and then it is like another 2-4 months before they actually garnish your wages. It is just a scare tactic into getting you to pay.

If you need more info, I would advise talking to your lawyer.

by a_k - 7 years ago

If your name is not on the account, no they can not garnish your wages. They are just trying to scare you into paying them.

If they go to court, your husband will receive notice of it and he needs to show up or they will get whats called a default judgment. Then they can garnish his wages, bank accounts and attach liens on any property he owns including vehicles and homes.

He needs to take care of this before that happens.

Source(s)

by spifiman1 - 7 years ago

That sounds more like a collection agency than a credit card company. The answer is no they cannot do that. Only if it was a joint account could they come after you. But you should also know that just by making those threats they are breaking the law. Collectors can not communicate intentions to collect based upon fraudulent or misleading information, they can be sued big time for that. Saying "because your husband didn't pay we're going to come after you" is false information because it is not legally enforceable. Your husband needs to find out who it is he is speaking to and set them straight on that.

by douglas l - 7 years ago

Texas is a community property state, so I think they can do this. Check out the site below for more info
www.fairmark.com/spousal/comprop.ht...

Good luck

by Matt - 7 years ago

No they cannot. Wages cannot be garnished in Texas. Only the IRS, child support or defaulted student loans can be garnished from your wages. Texas is a safe haven for bad creditors because of this law.

Source(s)

by Cara B - 7 years ago