Legal Question in Credit and Debt Law in Missouri

can a spouse in missouri have their wages garnished for credit card debt incurrred prior to marriage?

Asked on 7/28/10, 9:37 pm

2 Answers from Attorneys

Anthony Smith LawSmith
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this commonly happens and contiues until the spouse objects. Under the facts you described, the innocent spouse should be able to quash an execution upon their wages.

Good luck

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Answered on 8/03/10, 2:09 pm
Diane Denniston Diane Denniston, Attorney at Law-
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Are you saying that the innocent spouse is being garnished for credit card debt accrued by

the spouse? If yes, who was being sued in court that led to the garnishment? Assuming

that the the innocent spouse had never signed any documents acknowledging that the original credit card debt was hers and she was a party to the lawsuit,your attorney must file

a Motion to Set Aside Judgment (but this only applies if the judgment has been decreed for

less than 365 days) & then going back to court to fight the lawsuit again. If the innocent

spouse was not a party to the lawsuit, then filing a Motion to Quash Garnishment is

needed.

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Answered on 8/03/10, 4:11 pm

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