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Their separate property cannot be used, however, to satisfy the obligations of the debtor spouse [Robertson vs Willis, 77 Cal App 3d 358 (Cal Ct App 1978)]. A judgement against your spouse can have a very negative impact on your own credit score and financial future. Exempt property includes most of what you need to live: Not when a lawsuit has been filed against you. CGAA will not be liable for any losses and/or damages incurred with the use of the information provided. This means that any debts that either of you have are reported on both of your credit reports. And if your wages are low, there are additional protectionsyou must be left with weekly income equal to 30 times the federal hourly minimum wage. The exact procedure, including what goes into a writ of execution, is determined by state law., Once seized, the property is sold to the highest bidder at an auction. This might include dividing up property and finances, creating a parenting plan if you have children, and agreeing on how to deal with future contact. You will be left with some money to live on. But, even if property is exempt, if the property is collateral for a secured debt, then the creditor can take the property back if you do not make the payments on time. Error message | View complete answer on https://www.consumerfinance.gov. Do we have to pay back the third stimulus check? Can a Judgement against me affect my spouse? - FinanceBand.com If your spouse has a judgment against them, creditors may be able to demand you pay your spouse's debts. Jewelry and family heirlooms. In community property states, all debts incurred during the marriage are considered to be joint debts, even if only one spouse actually signed the loan agreement. Should I File for Bankruptcy for Credit Card Debt? They can be garnished for child support and alimony obligations, as well as student loans. If youre out of work when the money judgment is made and find a job later, your wages can still be garnished.. So, if your spouse has a judgement against them, it will show up on your credit report as well. A judgment typically consists of the debt owed plus interest. Had you shown up in court, the statute of limitations would have guaranteed your win. The judgment isn't fully satisfied If your spouse's debt is only partially paid, for example, creditors may still be able to go after you. This article explains your other options if you are considering filing for bankruptcy. More Can a Judgement Against You Affect Your Spouse in Florida? While in private practice, Andrea handled What if There is A Judgement Against Me?, consumer protection and fair debt collection. Should I File for Bankruptcy for Credit Card Debt? Examples of personal property include household goods, furniture, cars, health aids, clothing, and musical instruments. That is not to say that if you do not live in a community property state, you should not take precautions.