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nomoneyDave
May 17, 2011, 11:38 AM
I have read some of the questions others have posted as they relate to summons, but I still have some questions.
First, my wife got in serious troubles overusing credit cards years ago. I helped by paying the majority of total debt. At that time we agreed that any future debts, she would have to deal with them on her own for I do not plan supporting her bad spending habits.
Last year I learned she was in trouble again with 2 credit cards. She managed to settle one. To my surprise, her experience settling the debt was very pleasant with this particular creditor. She borrowed money from a relative to settle the debt.

The second debtor was not willing to settle. They finally sold the debt to a collection agency. The collection agency added fees on top of what she owed and would not want to agree on an amount my wife could pay. The debt now appears to belong to a law firm. They claim they are representing themselves. My wife called the law firm when she first got a letter from them. They had no intentions to negotiate, but only to collect. The original debt is now doubled.

Yesterday she got a court summons. She understands she has to submit a response to the court and a copy to the plaintiff.
Question 1: Does the plaintiff have the right to request payment on more than double that was owed originally?
Question 2: Do I (the husband) have any liability in all of this?
Question 3: She and I cannot afford a lawyer. How should she proceed?
Thanks

ballengerb1
May 17, 2011, 02:50 PM
How old is that debt, when was the plast payment made by your wife?

nomoneyDave
May 17, 2011, 03:24 PM
Her last payment was made in July of 2009. So the debt is less than 2 years old.

ballengerb1
May 17, 2011, 03:53 PM
Not likely old enough to qualify for SOL and any joint property or money you have can be taken to satisfy the debt. I am very much surprised a debtor would sell a debt only 2 years old, they could have taken her to court and gotten a judgement just like this law firm. Have you left out any info, and what type of debt was this, credit card?

nomoneyDave
May 17, 2011, 04:11 PM
This is a credit card debt for sure. My wife and I don't have joint assets. I knew eventually she would get in trouble. The home and he cars are under my name. I have my own bank account and she has hers. She lost her job around May of 2009.
I don't know what else I could have left out.

ScottGem
May 17, 2011, 05:54 PM
1. Yes they can add fees and interest that can double the original debt.
2. This depends on where you live. In some states,you may have some liability.
3. She starts with a letter of intent to defend.

ballengerb1
May 17, 2011, 07:54 PM
Thanks for providing who owns the car and home as well as the separate bank accounts. How much does the law firm now demand? You/she may be better off to pay that amount now or you'llface a good chance of even more costs later.

nomoneyDave
May 17, 2011, 08:26 PM
They are demanding close to $4K.
I may have forgotten to mention my wife has a balance of about $30 in the bank. I keep enough to make the mortgage payments and bills. We are in a tough situation. When she was working, she was helping with the expenses. Since then, I have to work on weekends to make extra cash.

We were recommended to go to court and work out a long term montly payment plan.
We are evaluating all options... thanks for the help.

ballengerb1
May 17, 2011, 08:27 PM
Good luck Dave