If my wife was at fault in an auto accident and is being sued, can they garnish my paycheck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife was at fault in an auto accident and is being sued, can they garnish my paycheck?
My wife was in a serious auto accident about a year ago. Unfortunately, there was alcohol involved, and both parties were seriously injured. She’s is currently serving 1 year in work release program. Criminal court did not order restitution. But civil case is pending. They are suing for hundreds of thousands. Can they garnish my paycheck? Will putting our only vehicle in my name only keep it from being taken?
Asked on September 2, 2011 under Bankruptcy Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In most states in this country one-half of a marriage's assets is at risk for a judgment against one of the spouses when a spouse commits a tort during the period of the marriage and there is a resulting judgment.
Hopefully you have a good policy of insurance concerning the automobile that your wife was driving when the accident happened.
Potentially if there is a resulting judgment, a certain percentage of your paycheck could be garnished as it relates to one-half of your wife's interest in your paycheck as a portion of the martial interest in it.
Vehicles having a value up to acertain amount are typically exempt from a levy to satisfy a judgment.
I suggest that you consult with an attorney experienced with asset protection to assist you and your wife concerning the current civil action pending against your wife.
Good luck.
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.