Legal Question in Credit and Debt Law in California

I owe someone$10,000 and I was sued and we made arrangements to make monthly payments of $500 I was doing good until I lost my job in december. I have no source of income and they know that I have taken to her attorney all the documention that I have where it states that I have no income and she comes to my house everyother week asking for a payment and I tell her that I will start making payments as soon as I start getting unemployment because I have no income what so ever. Well last week she came and she told me that if I did not make a payment this week they will start taking money from my husband's check. My question is can they do that even though he was not mentioned anywhere in the court papers? I am stressing please let me know

thank you

Sandra


Asked on 4/28/10, 2:18 pm

1 Answer from Attorneys
Grenville Pridham Law Office of Grenville Pridham

If your husband was not a party to the lawsuit, there can be no judgment against him for your debt. A creditor needs a judgment to be able to garnish a person's paycheck. You can only garnish a judgment debtor. You cannot garnish a relative of a judgment debtor.

Coming to your house might well be a violation of the Rosenthal Fair Debt Collection Practices Act.

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Answered on 5/03/10, 10:09 pm


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