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3 Bumps

How can I keep them from garnishing my wages?

My exhusband is forclosing on a house with both our names on it. HE was supposed to get it refinanced and didn't. He always paid on it and all of a sudden stopped and lied about it. Then he said it was being sold, lie. Our divorce said he was to take all responsibilty for gain/loss with the house. The bank doesn't care of course. They gave me a week to set up a payment plan or they will take legal action against us. Since they will garnish our wages and he currently does not work, I get stuck with the full amount which is almost the same as I pay for my own rent. Does anyone have any advice? BESIDES stuff that is too late, like never cosigning with anyone(which is dumb advice for someone married for years).

 
Anonymous

Asked by Anonymous at 11:23 PM on Apr. 10, 2011 in Money & Work

This question is closed.
Answers (13)
  • A divorce decree is not enforceable in terms of your loan agreement. Your loan is a legally binding contract you both signed, and if your ex isn't holding up his end of the divorce agreement, that's between him, you and the divorce court. Your loan company doesn't care, because your divorce has nothing to do with that contract. They will garnish you unless they are receiving agreed upon payments under a court-filed payment arrangement. Your only choice at this point is to sue him for the money that will be taken out of your check, and hope he eventually gets a job to pay you back.

    To avoid garnishment, you need to talk to them and agree to payment arrangements, sign a voluntary agreement, and file it with the court BEFORE the garnishment goes through. If you miss a payment, they will begin the garnishment anyway, and they are not required to accept arrangements if they don't think you're offering enough.
    NotPanicking

    Answer by NotPanicking at 8:16 AM on Apr. 11, 2011

  • You should be able to forward a certified copy of your divorce decree stating he is responsible for the home.If your previous divorce lawyer cannot help you, you'll need a new lawyer.
    jewjewbee

    Answer by jewjewbee at 11:25 PM on Apr. 10, 2011

  • If you have a SIGNED order from a judge they CANT garnish your wages. Send them a certifyed copy of the judges order and threaten them with your own legal action for harassment and mental distress.
    vbruno

    Answer by vbruno at 11:30 PM on Apr. 10, 2011

  • If your judges order states HE is responsible for the debt send them That statement. They can NOT harass OR threaten you like that.
    vbruno

    Answer by vbruno at 11:31 PM on Apr. 10, 2011

  • You should sue him in civil court, he is an ass, I know that doesn't help now, but son't let him just get away with this.
    kgsharber

    Answer by kgsharber at 11:42 PM on Apr. 10, 2011

  • Contact your attorney, I worked for a mortgage company and a bank and both would garnish wages of BOTH people. A court order from a divorce decree didn't matter. BOTH parties are responsible for the loan.
    tyfry7496

    Answer by tyfry7496 at 11:31 PM on Apr. 10, 2011

  • BTW, you've gotten some very bad advice in this thread, despite all the people insisting on voting it up. It's unfortunate that people who have no idea what they're talking about will answer questions like this based on what they "think" the answer should be rather than what is reality.
    NotPanicking

    Answer by NotPanicking at 9:34 AM on Apr. 11, 2011

  • NP is absolutely correct.

    I have a very good friend in Texas that had something similar happen. The divorce decree didn't mean beans. The only thing that got changed was the deed..it went into just his name, but the loan didn't. The bank came to her for the full amount. She paid on it for years and had all kind of trouble before finally being able to get it deeded back to her and then sold. She couldn't even live in it while she was paying because it was deeded to him and HE was living in it. It was a mess.
    yourspecialkid

    Answer by yourspecialkid at 10:42 AM on Apr. 11, 2011

  • Contact a great attorney immediately! If you can't afford one you can still get free help. If a judgement says one person is responsible only that person should be held liable even if it means they wait until he finds employment. If they make you pay, you can get his wages garnished when he finds work or possibly put a lien on something he owns such as a vehicle. Check with attorney for all options.
    TwinkleLites

    Answer by TwinkleLites at 11:32 PM on Apr. 10, 2011

  • I agree that your divorce decree should show that he is responsible for the house. I would definitely let them know about that and hopefully it will protect you.
    Mom-2-3-Girlz

    Answer by Mom-2-3-Girlz at 11:56 PM on Apr. 10, 2011

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