Can a Creditor Garnish Wages From Your Spouse's Employer in Arizona?
- Arizona is a community property state, which means that property you and your spouse acquire after marriage is jointly owned. It also means that any debt you accrue, whether in your name or your spouse's name, is considered joint debt. If you take out a loan or a credit card after marriage, both you and your spouse are responsible for repaying the debt. If you default on the debt, the creditor can collect from either you or your spouse.
- Before a creditor can execute wage garnishment to collect on most debts, except those involving student loans, child support and taxes, the creditor must file a lawsuit against you for the debt in an Arizona civil court. Unless the creditor did not follow Arizona procedural rules when filing the suit or you have already paid the debt, the court will award a judgment to the creditor. The creditor may then obtain a writ of garnishment to compel your employer or your spouse's employer to withhold earnings for payment against the judgment debt.
- Although assets obtained and debts incurred before marriage are considered community property, debts you assume before marriage are not considered marital debt. If a creditor sues you for a debt that you assumed before marriage, your spouse is not responsible for repaying the debt. The creditor would not be able to garnish your spouse's wages for this debt.
- Arizona law mimics federal law regarding limitations on the amount a creditor can garnish from your wages or your spouse's wages. For all debts except taxes and child support, the creditor can garnish a maximum of 25 percent of earnings after taxes have been deducted. If you or your spouse earn less than 30 times the hourly federal minimum wage per week, earnings are exempt from garnishment. A creditor can garnish up to 60 percent of your wages or your spouse's wages for payment of child support or unpaid taxes.