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haleystimpi · Dec 16, 2008, 10:59 AM

My credit card is in my name but my ex husband who is now deceased charged $32,000.
My house and car are paid for. Can they take my house or car away because I cannot make payments as I am on social security which is my only income.

JudyKayTee · Dec 16, 2008, 11:03 AM

Originally Posted by haleystimpi

My credit card is in my name but my ex husband who is now deceased charged $32,000.
my house and car are paid for. Can they take my house or car away because I cannot make payments as I am on social security which is my only income.

If it's in your name or joint names, you are responsible. It doesn't matter who actually made the charges.

SS cannot be touched. A lien certainly can be filed against your house if the creditors obtain a Judgment. In some States creditors can lien against the car - in most they do not bother.

foresaken_one · Jan 6, 2009, 12:02 AM

I don't believe they can take your house and your car... but you could just call them and let them know he is deceased and tell them your situation. Most credit card companies have "hardship" departments and are willing to work with you even if you only send them $10 a month because your trying to do something instead of just ignoring them. They see that as an attempt and usually try to work out some kind of agreement. See if you can close the account and make payments so it doesn't accrue interest fees and such.

Clough · Jan 6, 2009, 12:26 AM

Hi, haleystimpi!

Have you called the credit card company up and spoken with them about this? If you haven't, it might be worth your while to do so. I've spoken with the companies with whom I've had credit cards lots of times and have always been able to work something out.

I wish for you only the best!

Thanks!

Fr_Chuck · Jan 6, 2009, 05:50 AM

If it is in your name, you will be liable for it. And yes if they get a judgement in most places they can get a lien on your home, and in some paces your car also.

JudyKayTee · Jan 6, 2009, 06:45 AM

Originally Posted by foresaken_one

i dont believe they can take your house and your car...but you could just call them and let them know he is deceased and tell them your situation. most credit card companies have "hardship" departments and are willing to work with you even if you only send them $10 a month because your trying to do something instead of just ignoring them. They see that as an attempt and usually try to work out some kind of agreement. see if you can close the account and make payments so it doesnt accrue interest fees and such.

What is the basis for your belief that they can't "take" the OP's house and car?

stevetcg · Jan 6, 2009, 09:12 AM

Originally Posted by foresaken_one

i dont believe they can take your house and your car...but you could just call them and let them know he is deceased and tell them your situation. most credit card companies have "hardship" departments and are willing to work with you even if you only send them $10 a month because your trying to do something instead of just ignoring them. They see that as an attempt and usually try to work out some kind of agreement. see if you can close the account and make payments so it doesnt accrue interest fees and such.

If you mean that someone cannot come with a club and kick you out of the house, that is fairly accurate. They can attach a lien to the property if a judgment is awarded. Ditto the car, although that is dependent on the state and the fact that its pointless as a car depreciates in value so fast it is hardly worth the paperwork.

nerraw · Jan 13, 2009, 03:55 PM

I think they cannot take your house or car if it was an unsecured credit card. They may be able to put a lien on the house though. I am in the same boat and am trying to find out. Try calling legal aid in your area or find a free consult with a bankruptcy lawyer/processor. In Fl. You don't have to have a lawyer to file bankruptcy so there are many people that have business that help you file for a small fee (processor). I would talk to them over an attorney. Sometimes they want the big bucks. Either way, they should know the answer.

JudyKayTee · Jan 13, 2009, 04:38 PM

Originally Posted by nerraw

I think they cannot take your house or car if it was an unsecured credit card. They may be able to put a lien on the house though. I am in the same boat and am trying to find out. Try calling legal aid in your area or find a free consult with a bankruptcy lawyer/processor. In Fl. you don't have to have a lawyer to file bankruptcy so there are many people that have business that help you file for a small fee (processor). I would talk to them over an attorney. Sometimes they want the big bucks. Either way, they should know the answer.

"They" can file the same liens and garnishments whether it's secured or not secured.

Legal aid does not give out free info over the phone.

You don't need an Attorney to file Bankruptcy in ANY State. People who file without benefit of legal advice very often find themselves in very precarious positions at some time in the future because they provided incomplete information or did not follow the law.

What do you consider to be "big bucks"?

I don't understand why you are answering this question on one thread and asking it on another.

At any rate, you are incorrect.