Jerold Kaplan Law Office PC Garnishment for Spouse's Debt Apache Junction, Arizona
Without my knowledge, my husband obtained a credit card from Orchard Bank with a $500 limit. Apparently, he maxed it out and failed to make the payments. When we were both served by a process server, I told him (in no uncertain terms) he needed to take care of this matter.
He apparently did not. I asked him to leave. He did, and quit his job and started collecting Social Security. Now this "law office" is garnishing my salary for the over $2,000 this debt has become. I called and explained that I knew nothing about this credit card, didn't sign for him to get it, did not use it, and therefore cannot possibly be held responsible for the debt. I was told because this is a community property state I do owe this debt. I asked them to go after the debtor instead of me. They replied they do not have to--they have me.
I work on a commissions basis and due to the economic meltdown don't have enough money to pay my own debts, much less a debt that is not mine. Having one-quarter of my pay check stolen is causing me hardship. I've reduced expenses to the bare bones. I sold my deceased parents' jewelry, held a garage sale, recycled aluminum cans. Now I'm forced to ration my food. I'm in default on my mortgage. I have considered suicide.
There may be no help for my situation, but people should know these guys are heartless demons who delight in destroying lives.
1 Updates & Rebuttals
Flynrider
Phoeix,Arizona,
U.S.A.
Here's why they're going after you.
#2
Tue, August 18, 2009
"I asked them to go after the debtor instead of me. They replied they do not have to--they have me. "
They can't go after your husband because under federal law, they are not allowed to garnish Social Security benefits. That leaves you.
The bottom line is that there can be a big down side when you marry a deadbeat in a community property state. I have a friend who did that and to date it has cost him over $40K.