Fulmer v. Harper

LEMMON, Judge.

This case presents the legal issue of whether the wages of a wife, who has been discharged in bankruptcy, are subject to garnishment by a creditor whose claim was listed on her bankruptcy schedule.

Arthur Fulmer instituted suit to recover the balance due on a promissory note executed by Mr. and Mrs. Fred P. Harper. On November 8, 1962 judgment was obtained by default against both defendants.

Mrs. Harper was discharged in bankruptcy on September 23, 1963, in which *356proceedings Fulmer was listed on the schedule of creditors.1

On January 20, 1971 Fulmer caused Mrs. Harper’s employer to…