Questione giuridica chiave
Whether a wage garnishment can be ordered when the debtor has no wage income, only an invalidity pension and the spouse’s contribution.
Decisione estratta
No. Since the debtor earned no wages and had no other attachable income, there was no basis for a wage or earnings garnishment.
Motivazione estratta
Invalidity benefits are unattachable, but may be counted when determining the attachable share of wages. The spouse’s contribution toward marital expenses is also to be considered as income for that calculation, yet it is itself not attachable. Here, however, the debtor had no wages at all; because a wage garnishment presupposes actual wage income, the measure could not stand.