questions & answers

Question: I received a loan check from a company I previously had a loan with at one time. The check had only my name and I was the only one to sign it. Now, due to being laid off, a judgement has been entered and they will begin garnishing my wages. However, they also included my now ex-husband in the judgement and are going to garnish his wages. How can they do this if the loan was in my name only?

Answer: Arizona is a community property state. If you obtained the loan when you were married, then only one of you needs to be on the loan in order to "bind the community". He basically signed it without being there. The same is true for a credit card or car loan obtained during the marriage. If the dates don't quite line up (like if you actually got the loan after you were divorced) then he may have defenses pre-judgement and post-judgment.