Garnishment in community property state

by Larisa

In Louisiana, can a loan company garnish the wages of the husband if the loan was made by the wife and cosigned by the wife's sister? Also, if monthly payments are being made on the account, even though the account is running 30 to 45 days behind, can wages still be garnished?

Comments for Garnishment in community property state

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Dec 12, 2015

Louisiana is a community property state. That generally means that income earned by either spouse is property of the the community and is at risk if one's individual debts are not paid.

In order for wages to be garnished, creditors generally must first sue the debtor and get a judgment. (There are some exceptions.) It sounds like they may already have a judgment against you. If that's the case, simply making payments doesn't necessarily protect you from garnishment.

It sounds like this debt is creating a hardship for you. We suggest you at least a free initial evaluation with a bankruptcy attorney to find out what your options are for dealing with this debt.

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