QUESTION

Can my wife's bank account be seized or her wages garnished to pay my federal criminal restitution?

Asked on Jan 02nd, 2014 on Bankruptcy - Washington
More details to this question:
I was ordered to pay federal restitution 10 years ago but l just got released from prison. Now the government has placed a hold on my spouse's bank account even though she is not part of my case. What can we do as we have no money to even buy baby food?
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2 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Are you on the account? If so probably yes, for at least part of the balance. See an attorney.
Answered on Jan 30th, 2014 at 1:17 PM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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The problem is, you live in the community property state, meaning, essentially, that your wife's income is community income and at least 50% of it can be made liable for the community debt (your debt). So yes, in theory, they can reach your wife's income. However, they must allow for your reasonable and necessary living expenses. Thus, have your wife call the person on the wage garnishment notice and explain the situation. She may have to fill out some forms to show her total income and all the living expenses. If your family truly cannot afford to pay this debt, the government should release the garnishment. Good luck!
Answered on Jan 30th, 2014 at 1:02 PM

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