Can both our wages be garnished if we work at the same place? 14 Answers as of January 19, 2011

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?

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Christopher Legal Group
Christopher Legal Group | 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.
Answer Applies to: Nevada
Replied: 1/19/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
To some extent this depends on what State you live in, but generally if you cosigned you are equally liable for the debt and the lender can take his pick which of you to go after. In California it would require a lawsuit before garnishment can be commenced, and there are limits on the percentage of net income which can be seized in a garnishment, so that might have something to do with picking you first, assuming you have more net income than your son, therefore getting the debt paid back to the lender faster.
Answer Applies to: California
Replied: 1/18/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
If the judgment is against both of you, the judgment creditor may garnish both of you even if you both work at the same place. However the creditor is only entitled to recover once on his judgment. That is, he may not recover the full judgment against you and then recover the same amount against your son.
Answer Applies to: California
Replied: 1/18/2011
Law Office of Aaron Nielson
Law Office of Aaron Nielson | Aaron Nielson
It depends on lots of things. They can garnish either of you (or maybe both) in any order. They will often go after the person that is going to be the easiest to get the money from.

Bankruptcy might be able to get one or both of you relief.
Answer Applies to: Washington
Replied: 1/17/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
If you are both liable for the debt, you can both get garnished, but since they are already garnishing one party, they should not garnish the other (unless that effort proves to be unsuccessful)
Answer Applies to: California
Replied: 1/17/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If a judgment is obtained, then garnishment can take place against the party on which the judgment was obtained. So, yes of course both your wages can be garnished if you both owe on the note and they get a judgment against you both.
    Answer Applies to: California
    Replied: 1/17/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    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.
    Answer Applies to: California
    Replied: 1/17/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 1/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Because you cosigned, you are both equally liable. They can garnish both of your wages. It does not matter where you work.
    Answer Applies to: California
    Replied: 1/17/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    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.
    Answer Applies to: New Jersey
    Replied: 1/17/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    If there is money owed then both wages can be garnished. As for why his were not, I cannot tell without more information.
    Answer Applies to: New Hampshire
    Replied: 1/17/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Yes you both can be garnished. Probably they don't know where he works. Maybe your credit score is better than his and they figure you are making more money.
    Answer Applies to: Virginia
    Replied: 1/17/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    If they sued both of you and obtained a judgment against you both - its up to the creditor which one if either they will garnish.
    Answer Applies to: California
    Replied: 1/16/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You and your son are going to be treated as individuals even though you work at the same place. So, if the creditor got a wage garnishment against one of you, they can also get one against the other if they have a legal basis to do so.
    Answer Applies to: California
    Replied: 1/16/2011
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