Hi, My question is, can my husbands bank account be frozen for a judgement against me.? I have a pending judgement against my own credit card, which he was a user, but the account was in my name. I was told to get my own account since they will probably freeze our joint account that I used to pay on this credit card. My husband has a savings account in his name only, can they freeze this account as well?
Thank You for any help you can offer.
Deb

ScottGem

So you received a summons which said you had to file a motion to defend within 30 days and you DIDN'T???? You don't need a lawyer to do that part. You better see IMMEDIATELY if you can still file. Otherwise you hand a judgement to them. This is what they want because it means they don't have to prove that you actually owe the money.

bretb

I'd still try to file an 'answer' with the court. Even if it is past their 'deadline' the judge will make the decision on whether to accept your answer. The fun part is that he almost HAS to at least consider your 'answer' if you file it. Whether or not he tosses it, is up to him, but if you file with the clerk of the court, the judge will make that decision.

Even though you're past 30 days, get an answer filed. The Judge may be familiar with the tactics of the scavengers and allow you additional time to file an answer. I wouldn't spend money on an attorney that you probably wont need anyway. My "answer" was as simple as opening Microsoft Word and typing a letter that "this letter serves as my offical answer to the complaint referenced above", and I referenced the court case number in the subject like of the letter. I'm not lawyer and didn't fully know what I was doing, but I knew I wasn't going to just sit back and let the collector's win.

You MUST file an answer to the complaint against you. If you need to type it now (it doesn't have to be perfect, the judge will take into account you're not a professional lawyer), print it and drive it to the court house today. Ask for the clerk's office for the specific case number that has been assigned to your case and they'll direct you to where you need to go. If they're like the court I went to, bring TWO copies of your letter and they'll stamp yours showing it's been offically filed under the case.

If you file an answer (and the judge accepts it, and sets up a hearing) two things are likely... Either they will drop the suit, or they will NOT show up for the hearing. If they DO NOT drop the suit, YOU need to be there in the court room and have a "motion to dismiss" prepared to file with the court the day the creditor "misses" their appointment to face you in court.

That makes things look pretty good for your request to 'throw out' the lawsuit. The creditor's absense showing that they don't care much to sue you to take the time to show up.

madcadgram

I just talked to the court. the paper i have is a summons. no hearing date has been set i guess.

ScottGem

That is correct. But you had 30 days to answer that summons. If you don't file a Motion to Defend, then no court date WILL be set. Instead a default judgement will be entered against you. You need to file that motion. That should be explained on the summons.

madcadgram

How do I go about writing this answer? What do I put in it?

bretb

Yes, that's pretty standard. Like ScottGem stated, the court doesn't want to set a court date (and fill up their calendar) unless they feel pretty sure that you're going to show up. Once you file an answer to the complaint, they at least know you're living and breathing.

File an answer (basically, a letter stating that you do not agree with the complaint - keep it simple and short, remember, the court room is the place to argue over the debt, not the paperwork). The answer simply keeps the collector from getting an automatic win against you (default judgement).

I can almost guarantee you (depending on the amount you're being sued for) that they creditor will drop the suit once they realize you were too smart to just "let" them win a default judgement by doing NOTHING.

Otherwise, you may need to file ONE more document and appear in court briefly....

If the case is set for a pre-trail hearing, then you'll want type another letter calling it a "motion to dismiss" (the motion is simply a request to the judge to toss this suit).

Again, keep it simple. You'll be in the courtroom ALONE, the collector WILL NOT show and you can almost simply say in your motion to dismiss, "I'm here, they're not, throw it out man!" .... but you probably want to keep it more professional than that.

Just keep it short. I don't know who this collector is. I'm even 100% sure it's MY debt they're referring too. I'm unsure of the formula they've used to calculate the balance. They've not provided me with documentation showing where they acquired the account from, etc.

The judge with like you if you keep it short and simple. Do not get long winded and talk and talk and talk. (or type and type and type, in your letter - like I sometimes do on this forum )

Good luck!

ScottGem

There may be a form on the summons. Otherwise a simply letter referencing the summmons and case # and just stating, I intend to defend against this suit.

madcadgram

Thank You all. I'll try and get back to you

madcadgram

Hi I am back from the courthouse. they told me that the letter is not in the proper format for our county. I had the prothonotary office file it anyway. Hopefully this will work out. I will research forms on line.
Thanks again

ScottGem

If they say its not the correct form, then they should have provided you with the correct form or where to get one. Don't let them intimidate you. You have rights. If there is anything you don't understand ask questions. Don't let they palm you off on someone else until you understand what's going on.