[PixieMama]

I got a call today informing me that a credit card company has filed a motion against my husband for an outstanding debt owed on a best buy card which never received a single payment. This took place when we were separated. I had nothing to do with it, did not co-sign for anything, and did not attactch my name to anything. He didn't make payments because he ended up losing his job and did not have the money with which to make a payment - it's not because he just doesn't want to pay. The people I spoke with (because he was unavailable at the time) were not very helpful when I asked what the best course of action would be and what the consequences would be considering what our financial situation is. All the woman was able to tell me was a.)they don't put people in jail for this sort of thing, and b.)that he does not qualify to file bankruptcy. He is currently unemployed, so they can't garnish any wages, and when he does get a job here soon, if they garnish wages we'll be screwed because we need the money to pay the bills that actually matter (rent, electric, phone, water, and diapers for our babies). We don't really have anything that we own (pretty much everything we have is in my mothers name at the moment) aside from MY car - which does not have his name on it, and I do have a bank account, but that also does not have his name anywhere on it - as it was opened when we were separated. He does not have a bank account of his own. He does not have a car of his own.

So, my questions are:
1.) What can they actually do to him regarding this matter?
2.) Can they put a lien on MY car or freeze MY account because I am his wife, even if I had nothing to do with these cards or the debts acrued on them? How can I protect my rights and what rights do I have in this?
3.) Where can I find information regarding the laws on this matter? When I've searched Google I'm coming up with a lot of sites about debt consolidation and debt relief but nothing regarding the actual laws. (I thought someone here would know more about this stuff and be able to point me in the right direction).
4.) Does debt consolidation/relief/elimination/etc actually work and how so? I find it a little hard to believe that an organization can just wipe your debt slate clean ("sounds too good to be true, usually is" comes to mind).

All right, I think that's all I've got on this subject for now. If anyone can shed some insight on this for me I'd appreciate it. Thanks.

[swapwap]

Answer:
1.) they can sue him in civil court and get a judgment against his assets or garnishment if your state allows. But they have to win the fight first. How old is this debt. Might be past statue of limitations. You need to check,
2.) if it was in his name they can do NOTHING to you. Your married, not joined at the hips.
3.) you need to seek civil proceedings for your state. That will tell you the law. b.hubbs is a place you can go, There are many places you can check.
4.) you must ask, how much the debt is? If it a lot, then I would suggest negative to a lower amount. Never, never refinance your home or auto to pay for credit card debt. That does nothing to address the problem, just moves unsecured debt to secured and you don't want that. PM me and I'll give you other sites, nonetheless your overall personal financial situation is what needs to be considered to help determine what is best for you to do.

[lluster]

In The State Of Georgia Are Garnishments Allow From Employment Wages?

[swapwap]

Yes, only with a judgment. But getting a judgment can be tough for the banksters if you fight them. You have to understand that if they do get a judgment that doesn't automatically give them a garnishment. They have to file separately for that in an attempt to enforce the judgment. I personally wouldn't be corporative at all with them if they did get a judgment. Make them work for that too. Nonetheless they can only take up to 25% of your disposable income. That's often time not very much and if you change employers they have to go through the hassle of trying to find out where you work and serve you there and all that stuff all over again. As for assets, If they are in only the name of the judgment then they can come after it, but if it's in multiple names its much much more challenging and less likely they will get anywhere. I must say, I am not an attorney (thank God)

[Iknowalotofstuff]

Please advise the jurisdiction where the motion is to be heard? Country State / Province.