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Can a husband and wife get garnished at the same time for th

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sharon.rizer



Joined: 15 Sep 2008
sharonrizer's page
Posts: 1



34 Magic Points

Subject: Can a husband and wife get garnished at the same time for th
 
Posted on Mon Sep 15, 2008 4:16 pm  

I know a couple that both of them are being garnished at the same time for the same debt. There work places are taking the garnishment out of thier checks,so the same household is getting hit twice. Can that legally be done?
anthony

anthony

Joined: 31 Jul 2006
anthony's page
Posts: 516



13586 Magic Points

 
Posted on Tue Sep 16, 2008 8:50 am  

Hi sharon.rizer
Yes, it may happen that both of them have jointly applied for the loan and neither of them repaid it on time. In such cases, the creditor can bring judgments against both of them and garnish their wages. However, it does not necessarily mean that the creditor is taking away double the debt amount. This is because, the creditor may garnish equal amounts from each of them and when the total debt including late fees etc are paid in full, they will stop taking money from both.
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Tue Sep 16, 2008 9:13 am  

I agree with Anthony. The creditor cannot recover the same debt twice and the couple together has to pay the total amount of the outstanding debt. Although the creditor has brought judgment against the couple to garnish their wages, he has to stop taking money as soon as the debt along with interest and other fees are paid in full. As far as I know, the creditor has to serve the Wage garnishment order in the week of the payday and a new garnishment order has to be given to the employer before every payday to garnish the wages. So once the debt is paid back in full, the creditor will not be able to bring garnishment order and collect the debt twice.
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Justin
Jamie
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Subject: Garnishment
 
Posted on Fri Jul 24, 2009 12:48 pm  

I have a voluntary wage assignment on my wages and I was just hit with another garnishment. Can they do that? The total percentage now being garnished is 36%. I thought the limit was 25%??
Kimber
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Subject: Garnish
 
Posted on Wed Oct 05, 2011 1:12 am  

I have a question? Can one creditor come after the wife while a different creditor comes after the husband?
alia
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Subject: both husband nd wife garished at the same tme
 
Posted on Mon May 06, 2013 6:20 am  

my husband and I both have wage garnishments for the same debt the total debt is a little over 2400.00 they have already taken out 2000.00 from his checks and 1600.00 from mine. I keep calling them and they wont stop the garnishment and we are falling way behind on other bills like water, gas, and electricity, my husband is diabetic and we cant even afford his medication this month we also have a daughter in college and 3 kids in high school what can we do?

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