Legal Question in Credit and Debt Law in Oklahoma

Is my spouse responsible for my individual debts?

Is it legal for a collection agence to obtain a judgement and furthermore garnishee my spouse's income in order to pay for a medical debt incurred by me? It is listed as an individual debt on my credit record.


Asked on 1/12/02, 3:17 pm

1 Answer from Attorneys

Lisa Bohannan The Bohannan Law Office, P.C.

Re: Is my spouse responsible for my individual debts?

It depends upon who the judgment was obtained against. If judgment was obtained against you only and not your spouse then no they cannot garnish your spouses's checking account unless your name is on the account as well. Additionally, unless debt was joint debt between you and your husband judgment can only be taken against you. However, if you did not appear and defend yourself and they obtained a judgment against your spouse, you would have to file an action to have the judgment vacated and there are some time limitations. Finally, there may be some FDCPA issues to evaluate. In order to give you a more definate response, these facts would need to be given.

Read more
Answered on 1/12/02, 7:37 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Oklahoma