Hi, I was sued in 2002 for a credit card I supposedly defauleted on in 1998. I lost the case because I didn't mail a copy of my reply to the attorney. Judgement was dated Nov. 02.....I didn't hear anything until Sept 06 when a garnishment was put on my wages. I don't make enough money from that job to have anything taken out. So now a 1 1/2 later I get a letter stating a lien?? has been put on any and all bank accounts with my name and #SS. on it. My bank account is overdrawn(I have overdraft protection) and I have no savings to speak of , so I don't do anything. Then this X-mas I receive interrogs. I don't want to reply as the attorney knows nothing of my husband and other work I have ..hence the interrogs...SOOOOOO is there a way for me to vacate judgement or somehow get out of this....???? I have 10 more days before I have to reply to the interrogs.....help

misshilde

donf

First of all, I do not believe that your husband has any skin in this issue unless he was your husband at the time you incurred the debt. But I am not an attorney.

However, even if he was married to you at the time, your attorney cannot include or open any discussions with him without your permission. You are the attorney's client, not your spouse.

More than likely, you actually lost the case because you failed to appear at the trial for the original debt. It's nice to know that the judgement is dated Nov. 02, but what is the year? Is the person moving against you now, representing the original creditor or has the original creditor sold that debt to another collection company?

It is still going to come down to the boiler plate issue, is this debt your legal debt that you have an obligation to pay?

So far, I haven't seen anything out of the ordinary in the process the creditor is using to make the collection.

As to whether or not, this will affect your husband's credit, the answer is yes. If your husband makes a joint application with you, you will be the mill stone that pulls the application down unless his credit is so strong yours can be ignored.

Again, get an attorney or a debt assistance group to help you. Do not do this by yourself.

misshilde

Hey there,here in California a spouse responsible for any debt incurred by the other. Judgenment was entered NOv.2002 for $12000. I did show up in court 4 times, each time plaintiff's attorney had asked for extension. When case was finnally heard, I was told he( attorney) had not received my reply and therfore I had not followed prociedure even though I showed the judge my copy of reply and filing date...go home and await judges answer..that was August 2002. And it is a collection agency that is suing me.They had a pice of paper showing my signature and approved on it...

misshilde

misshilde

Hey there,here in California a spouse responsible for any debt incurred by the other. Judgenment was entered NOv.2002 for $12000. I did show up in court 4 times, each time plaintiff's attorney had asked for extension. When case was finnally heard, I was told he( attorney) had not received my reply and therfore I had not followed prociedure even though I showed the judge my copy of reply and filing date...go home and await judges answer..that was August 2002. And it is a collection agency that is suing me.They had a pice of paper showing my signature and approved on it...

misshilde

JudyKayTee

[quote=misshilde]Hi, I was sued in 2002 for a credit card I supposedly defauleted on in 1998. I lost the case because I didn't mail a copy of my reply to the attorney. Judgement was dated Nov. 02.....I didn't hear anything until Sept 06 when a garnishment was put on my wages. I don't make enough money from that job to have anything taken out. So now a 1 1/2 later I get a letter stating a lien?? has been put on any and all bank accounts with my name and #SS. on it. My bank account is overdrawn(I have overdraft protection) and I have no savings to speak of , so I don't do anything. Then this X-mas I receive interrogs. I don't want to reply as the attorney knows nothing of my husband and other work I have ..hence the interrogs...SOOOOOO is there a way for me to vacate judgement or somehow get out of this....???? I have 10 more days before I have to reply to the interrogs.....help


I'm stunned that in California a spouse is responsible for the other spouse's credit card debts even if he/she is not on the paperwork and may not even have knowledge of the debt - but you are right about it! That's scary.

I don't think you can get this set aside in 10 days - and if you do and the Judgment is obtained a second time you'll be subject to interrogatories again.

What is your defense to the Judgment? Is it your debt? What do you see as your grounds for vacating the Judgment, particularly if you haven't protested since 2002?

misshilde

Judy Kay, hey....I read somewhere that the attorney representing the plaintif cannot testify on their behalf...as collection agency was not present at the time of trial..wouldn't that be grounds to vacate..also my replies prior to hearing I questioned the paperslip the collection agency had...it was a application for credit...I asked for more proof and slammed the attorney for being a shark..but to no avail as he apperantly never got my reply...I have no recollection of such credit card and said so when I was being harrassed by the collection agency in 2000.The caller threatened to call my work and landlord to tell them I was a horrible person who didn't own up to my debt and when I told her never to call my house again she called me a f*** B***..I am thinking of not answering the interrogs as this would probably will result in contempt ,..so maybe then I'll get a hearing again..or is this totally stupid and will just get me into more trouble???...also I checked my credit scores...no company has any listing of judgement or negative credit against me...shouldn't that be on there???

misshilde.

donf

Hilde,

I know that Californian Legal Code was written by a collection of dyslexic ocean seals after going months without food and a very bad day. But what you are saying is just way to far out for me to fathom.

The creditor has an attorney goes to court four separate times and stands before a Judge and says (something like), "Good morning your honor, I would like to ask for a continuation of this hearing until I have complete documentation and I am fully prepared to proceed." The Judge says, "Counselor, exactly why are you not ready to proceed at this point?" Creditor's attorney, "Your Honor, the defendant in is this matter has failed to respond to the Interrogatives I sent her."

Judge, "So granted. And you young lady you are to complete those interrogatories immediately, do you clearly understand me?" Defendant says, "Yes, your Honor."

Second Hearing, ..... Judge, "Young lady, did you complete and return those interrogatories?" Defendant, "No your Honor, I don't have all the information." Judge, "Motion for a Continuation, granted. Young lady, If you have not completed and returned the information, I will charge you with contempt of court, do you understand me?" Defendant, "Yes your Honor."

There would be no third or fourth Continuations granted. You would be in jail until the required Interrogatories were properly answered!

Judges really don't like to be ignored! I don't care if they are on another planet, Its just something you would not be allowed to do!

If the creditor's attorney stood and asked for a continuation for any other reason than you not returning his Interrogates, then you or your attorney, should have moved for an immediate dismissal of all charges, because it is not your fault he is not ready and it's a waste of court's and your time to bring a case before a sitting judge and not be prepared. That's another something you just don't do!

If you do not have an attorney please find one immediately and see if he/she would be willing to represent you and file a very overdue Motion for Dismissal.

Again, I am not an attorney and I certainly I am not a resident in California.

excon

Hello miss:

The above is true as long as you were married when the debts were inccured. If this is debt you brought to the marriage, and he never did sign onto the account, then he's NOT responsible.

Course, if you were married, never mind.

excon

ScottGem

Since the judgement was entered in 2002, I doubt if you have any grounds for vacating at this point. I think you need to consult an attorney as to your options.

misshilde

thanks y'all..I am looking for attorney, but as I am not loaded..far from it .. it's hard to find one with experience in debt ...I did all the replies and filed everything in 2002...and Don..plaintiff's attorney never showed up on the first 3 hearings..when I checked the docket for the day..it said it was continued which means he had asked for extensions..I was never told and dragged my 2 babies into court ...you guys are probably right about not being able to vacate after so many years, but it's worth looking into...as for going to jail..I don't think so..they just let out 11000 prisoners due to lack of money and fired 300 prison guards, so I don't think any judge would jail me,,but hey it's a possibility..so any other suggestions..

miss hilde