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Apryl773
Jun 14, 2008, 01:31 PM
My husband and I have been married for 4 years. He told me that he had outstanding credit card debt and a review of his credit report showed a judgement on this debt. He claims that he was unaware of the judgement. This dates back to 1997 (which was the last time there was any activity on this account). The original amount of the debt was around $7,000, and now with all the interest and fees, it is around $16,000. We are raising two children on one income, so paying off this debt is not an option. I know the SOL is way up, but can they garnish his wages? The house is in my name only and our bank accounts are in both of our names. Can they touch either one of those? The reason I ask, is that after all this time, I answered the phone to a representative of a collection agency yesterday, and they were looking for my husband to pay the judgment. I only answered that I didn't know anything about a judgement and I wasn't going to pay on anything that I didn't know about. Like I stated previously, the last activity on this account was in 1997, and the judgement has been in place for at least 4 years. I just don't want to lose our income or house due to something that happened 11 years ago, that, really has nothing to do with me.
Any information would be greatly appreciated.

momo2324
Jun 14, 2008, 01:41 PM
My husband and I have been married for 4 years. He told me that he had outstanding credit card debt and a review of his credit report showed a judgement on this debt. He claims that he was unaware of the judgement. This dates back to 1997 (which was the last time there was any activity on this account). The original amount of the debt was around $7,000, and now with all the interest and fees, it is around $16,000. We are raising two children on one income, so paying off this debt is not an option. I know the SOL is way up, but can they garnish his wages? The house is in my name only and our bank accounts are in both of our names. Can they touch either one of those? The reason I ask, is that after all this time, I answered the phone to a representative of a collection agency yesterday, and they were looking for my husband to pay the judgment. I only answered that I didn't know anything about a judgement and I wasn't going to pay on anything that I didn't know about. Like I stated previously, the last activity on this account was in 1997, and the judgement has been in place for at least 4 years. I just don't want to lose our income or house due to something that happened 11 years ago, that, really has nothing to do with me.
Any information would be greatly appreciated.
I'm sorry to say this but you need to put your bank account in different names have your own you have children you can't afford to lose your account and you can also just watch TV and you'll see many commercials. ****** I am sorry, this advice was so wrong, and so bad to the point of causing harm I edited out most of it. ** FC

progunr
Jun 14, 2008, 01:42 PM
The statute on a civil judgment can run from 5 to 25 years, so don't count on that as a defense or reason for not planning to pay it.

The fact that they already obtained the judgment is a real cause for concern.

Yes, if you live in a state that allows it, they can certainly garnish his wages, if his name is not attached to the home, you are safe in that regard, however, they can levy joint bank accounts, clean them out up to the judgment amount, and then it is up to you to try to prove how much was his money, and how much was yours.

He might want to at least discuss this with an attorney since most will give you an initial consultation at no charge.

Apryl773
Jun 14, 2008, 02:06 PM
I live in Florida. How do I find out if they garnish wages here? And, would they take action now even if they haven't in the last 4+ years that the judgemant has been in place?

progunr
Jun 14, 2008, 02:09 PM
This site will give you all the information you are seeking.

If it doesn't, come on back and ask.

Debtors' Rights in Florida (http://library.findlaw.com/1998/Dec/1/126478.html)

Apryl773
Jun 14, 2008, 02:40 PM
That site was very helpful. THANK YOU! I just did a quick scan right now, and it seems like since my name is on the mortgage and bank accounts, in the state of Florida, they can't be touched,. because the judgement is against my husband only. And, also in the state of Florida, they do not garnish the Head of Household's wages. I have to read it more thoroughly, but I already feel a little better. I have always been so careful with my money and credit, and this situation that my husband is in scares me a bit. Thanks again.

westnlas
Jun 16, 2008, 04:04 PM
I think that you should continue to take charge of your finances. Keep at least one account separate and in you name only. You should take over all the bill paying for your family. My wife does this for us simply because in every good relationship each person exhibits their strengths to make them a stronger couple and she is better at money than I am. Collection agencies are determined to say the least. It might be in your best interest to consult an attorney. Then you would know if it were to be better to try and pay this off or ignore it . Good luck.

Fr_Chuck
Jun 16, 2008, 04:06 PM
Please understand that most of the laws help you "after" they have already frooze your bank accounts and then the courts want you to prove what percent of the money is his or yours. So seperte bank accounts would still be a very good idea.

Also SOL does not apply once they have a judgement, a judgement will be good for 7 to 10 years but can be renewed

yelorose4u
Jun 17, 2008, 04:41 PM
I am on ssi. This all the income I have. It is less than $700.00 . Can the judgemen take my check?

JudyKayTee
Jun 17, 2008, 04:46 PM
I am on ssi. This all the income I have. It is less than $700.00 . Can the judgemen take my check?


Please stop adding your questions to other people's questions - and I answered this for you yesterday.

My advice has not changed overnight.

If you have a more specific question than has already been answered, please ask it on its own thread. Trying to make sense out of little snippets of questions is very difficult.