QUESTION
Can both our wages be garnished if we work at the same place?
Asked on Jan 16th, 2011 on Bankruptcy - New Hampshire
More details to this question:
My check was garnished. I was a cosigner for my son we both work At the same place. can both of us get garnished for the same loan? Why didn't they garnish his wages first, instead of mine?
5 ANSWERS
Shawn Christopher
You can both be garnished if the creditor has a judgment and garnishment order against each of you. If it is only against you, then the creditor should not be able to garnish your son.
Answered on Jan 19th, 2011 at 1:28 PM
Yes, both of your wages can be garnisheed if there is a judgment against both of you. The fact that you both work at the same place does not matter. If there is a judgment against both of you, then the judgment creditor can proceed to collect against both of you. He does not have to try to collect from your son first.
Depending on the amount of the debt, you may want to arrange a free consultation with a certified specialist in bankruptcy law. I offer free consultations to all.
Answered on Jan 17th, 2011 at 12:58 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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If the judgment is against both you and your son the creditor can collect from both of you at the same time or in sequence as the creditor decides. You are both jointly and severally liable which means that the debt can be collected from both or one of you so long as the total collected is not more than the total judgment amount including costs and attorneys' fees if awarded. The reason for having a co-signer is to increase the chance of collection by having a second person liable. When your son failed to pay the creditor could proceed in court against both of you and does not need to sue one first and the other second.
Answered on Jan 17th, 2011 at 9:43 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Sorry to be the bearer of bad news, but I think they can garnish both of your wages at the same time. I think that you both owe the money, the son as the primary debtor and you as the co-signor. Unfortunately, as a result the creditor can pursue collection activities against both of you at the same time and thus garnish both your wages at the same time.
Answered on Jan 17th, 2011 at 8:58 AM
Family Law Attorney serving Kingston, NH
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DiManna Law Office, LLC
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If there is money owed then both wages can be garnished. As for why his were not, I cannot tell without more information.
Answered on Jan 17th, 2011 at 4:28 AM