Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I live in Indiana. My wife was at fault in an auto accident about a year ago. There is a civil suit pending. My question is: Can they come after my paycheck? I was at home sleeping, when the accident happened. I have heard that there is some “innocent spouse” clause that protects me. But I have also been told that they could possibly take some of my wages. Any help would be appreciated.’
Question: The answer to this question will be governed by both the terms of your insurance policy, and the laws of Indiana. Assuming that you do have insurance (and if so, they are usually obligated to assist you with the civil suit, and to try to settle it), you should ask your insurance agency these questions. If you do not have insurance, that is a dicier deal, and you need to consult with a personal injury attorney in Indiana. You should do this quickly, because it may be that they *can* go after your assets, including your paycheck, but it may also be that there are ways to protect your assets from the suit. So consult with a personal injury attorney soon.
