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Just12sx · Oct 25, 2007, 11:41 AM

I was served court papers today. When I read it it stated that I am getting sued for an old debt that is 5,000 + interest, late fees, etc. I stopped paying this debt in 2005 when I lost my job, I had to keep a roof over my families head, food on the table, and I had to take care of my 2 boys. Anyway here I am, still currently not working. Letters were mailed to me about this debt but I ignored it since I was not able to pay it, I never received a letter from them stating that they are taking legal action. I am worried and scared because I do not have any money in checking or saving to even offer then 20.00 dollars. I did get married this year and I hope they do not make my husband responsible for this debt as we are just trying to make ends meet, while raising 2 boys. So my questions for you are??
Should I show up for this hearing, or dodge it?
If I do go what can I expect?
Since the company CITI waived the debt why is the 3rd party suing me?
What can happen to me since I can not repay it or afford an attorney?
Any advice will help. Thank you..

ScottGem · Oct 25, 2007, 12:33 PM

First, you have NOW gotten notice of being sued so I'm not sure why not getting any previous notices matters.

Second your husband is not responsible, nor can he be made responsible for debts incurred prior to your marriage. However, any accounts that you have with him as joint tenants is subject to attachment, even if you haven't put anything in the account.

Third you NEED to file your Intent to Defend and you should show up at the hearing. Not doing so will mean a default judgement will be entered against you which can be used to garnish salary or bank accounts, either now or in the future.

Not sure where you got the idea that the original creditor "waived" the debt. That NEVER happens. They may writeoff the debt which is simply a tax issue. But the debt is never waived.

There are a bunch of threads here from people in much the same situation as you. I suggest reading them to get an idea of what to expect from here on in.

Just12sx · Oct 25, 2007, 01:00 PM

We do have a joint checkings account and a savings(nothing in it). He also has his separate accounts. What is a intent to defend? What will that do?
The idea that I received about waiving the debt is from my prior experience working for an insurance company. If they were not able to collect the debt we would waive it up to $10,000.00. I do know that they do write if off for taxes. Should I obtain an attorney? Also I thought that they can not sue you for a debt if it is 2yrs or older. Is this true?
Thanks for your reply.