If I was just garnished for a loan my ex wife received after we were divorced, how is that possible?

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If I was just garnished for a loan my ex wife received after we were divorced, how is that possible?

Asked on June 11, 2015 under Bankruptcy Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The most likely reason is that your ex wife lied and told the creditor that you were guarantying the loan or that you were still married, in order to look like she was a better credit risk. Contact the creditor or collection agency, explain the situation, and provide evidence that you were not married at the time of the loan (and ask why you are being garnished under this situation)--that may resolve the situation amicably, once they realize you are not legally liable. If it does not, you can file a legal action in court to get the garnishment eliminated and recover the garnished money. You local county court clerk can explain how to do this.


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