If I’ve a judgment against me in bankruptcy court and was married at the time but only my name is on the judgment, can the creditor go after my wife’s assets/wages?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’ve a judgment against me in bankruptcy court and was married at the time but only my name is on the judgment, can the creditor go after my wife’s assets/wages?

The judgment is from 8 years ago.

Asked on September 22, 2014 under Bankruptcy Law, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since your wife did not file bankruptcy, the creditor could have gone after her for collection of the debt; however, since eight years have elapsed since the judgment, the statute of limitations has expired for collection of the debt and the creditor won't be able to pursue it. 

In the event that the creditor attempts to collect the debt from your wife, she should assert the statute of limitations as a defense.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption