Mundelein, IL asked in Bankruptcy and Collections for Illinois

Q: What can I do to avoid having my wages garnishs for a title loan my wife took out for herself ?

I am still legally married to my wife but we are no longer together. Prior to us separating I took out a with her a title loan. After we separate I took my title back and she put her title long story short she defaulted on the loan we got served . I went to the court hearing told the judge this was her loan not mine I have my title he put in another court date where she was suppose to show up and never did. I just received some wages garnishment paperwork from what I know she has not maybe because they don't have her most recent employer which I can provide to them no problem. This is her loan she took the money not me what can I do to avoid having my wages garnish if not have her wages garnish to at least?

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1 Lawyer Answer
Ray Choudhry
Ray Choudhry
Answered
  • Bankruptcy Lawyer
  • Moline, IL
  • Licensed in Illinois

A: If there was a court case and they took a judgment against you, they have a right to garnish your paycheck.

If the judgment was entered in error, you need to go back to court to have the judgment vacated.

It seems as though both of you were liable on the debt and they sued both of you but only got the judgment against you because she wasn't served and so the court did not have authority over her.

In any case, if a creditor gets a judgment against two people, it doesn't have to garnish both.

They can pick and choose.

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