Legal Question in Credit and Debt Law in California

wage garnishment

my girlfried has two federal student loans, her wages are being garnished by one of the loans. I want to surprise her this upcoming month by asking her to marry me when we go to las vegas, but i am afraid that if we get married my wages will be garnished also. is this possible? can creditors go after me for student loans she received prior to us getting married?

Asked on 2/17/09, 7:09 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: wage garnishment

So long as you continue to work and reside in California, a creditor of your wife cannot attach your wages. However, a creditor can seize just about anything else in your sole name, including bank accounts, stocks, bonds, boats, cars, etc. California law assumes that everything held by you or your wife is community property, and that creditors can therefore seize property in your sole name. One of the very few exceptions to this is wages. In order to protect your assets, you should get a premup before you get married. And you really should have her hire her own attorney to review it. I know this may take some of the fun of surprse out of it, but it is what you probably should do to protect both you and your wife to be.

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Answered on 2/17/09, 7:41 pm

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