I have a few questions. I live in Georgia. I was served with judgement papers for an old debt from 2000 that I just didn't (and still don't) have the money to pay. I have 30 days to respond to the Clerk of Court.

I have since re-married.

I do not work (my husband does), but I am too ill to get one myself. I own no cars or homes (he does). We do have 2 bank accounts. One he had before we were married. One we got after we were married.

#1 - Does he need to have his paycheck put into an account without my name on it to prevent the possible garnishment they may impose upon me? Will that even help or can they get to his other account to??

#2 - We usually receive a refund on our tax return. Are they able to touch that since I earn no wages and he is the sole provider?

#3 - If I show up to court and let them know I do not work what will be the result of that?

#4 - Since it doesn't appear to show a specific court date, etc. What exactly to I need to show up at the Clerk of Court for?? What do I bring?

This is all pretty new to me so I apologize if I am asking questions that are a bit silly.

Thanks!
Claddagh!

File notice of intend to defend, Motion to dismiss, lack of jurisdiction.

After that submit discovery to plaintiff for them to produce the original contract, this is important they must have it. No contract, no claim. Now not a copy of the alleged original, the original.

1. Have your husband open an account in his name only.
2. Taxes, will that can only be done if he files married but separate.
3. Yes, go to the hearing, demand to see the original contract if they don't have, Motion to court to dismiss their claim.
They must produce it to prove there claim.

To add to what Yet said. If you file jointly, then they can attach the return since its considered joint property. The same thing is true of any bank accounts where you are a joint tenant.

What you will be responding to is your intention to defned aagainst the judgement. If you don't do this, the court will enter a default judgement against you. Once you enter your motions as yet outlined, they will then have to prove the debt is yours. Your inability to pay will not enter into whether they get the judgement. It will be based on whether they can prove you incurred the debt and didn't pay it.

However, you seem pretty judgement proof, so even if they obtain a judgement there is little they can do to collect.

Could the husband not claim Injured Spouse on taxes since the debt occurred prior to the marriage. In that way they cannot attach the return.

Yes if they do go after the income tax refund, he can claim under Injured Spouse to get his portion of the refund back.

Yes you do not want your name on any checking or bank account, if it is, they can freeze that account and then you have to prove it is his money, and do it after the account is already frozen.

Fantastic information guys. I'm gathering more information as I also think this debt in the State of Georgia is past the Statute of Limitations. The last payment I remember being made was in 2000 (POSSIBLY 2001).

Does it matter that the case is coming from a Law Firm on behalf of the Credit Card Company?? (harder to defend myself?? )

Hubby already has filled out his paperwork to have his direct deposit moved to his account in his name only.

The SOL applies as to how long they have to file. But that may be one more ground you have to dismiss.

Typically, collection jusdgements are filed by a collection firm, not the original creditor.

I'll bring anything and everything that might help.

Thank you guys. I will definitely update you with whether they can produce that original signed contract.

What if they do? :o

Quote:

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Originally Posted by Claddagh

I'll bring anything and everything that might help.

Thank you guys. I will definitely update you with whether or not they can produce that original signed contract.

What if they do? :o

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If a collection agency, they most likely do not have the original contract, but push it and demand production. If the SOL is pass Motion to court to dismiss.

Georgia Statutes of Limitation

Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.

Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)

Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.

Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it's stated in the body of the instrument.

Ok, forgive me, but I can't tell which one of those above applies to this case? It is a credit card.
I just looked it up on my credit report. Last payment was 08/2000 and date of last activity was 08/2000.

If it is indeed past SOL do I just bring my credit report and only file a motion to dismiss when I go to the Clerk of Court??

I know... total amateur. Sorry.

Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.

Great. Thanks. I guess I will just skip the contract request and file a motion to dismiss then since clearly they are a little late.

Add this to all court documents you file.

JUDICIAL NOTICE

HAINES v. KERNER, ET AL. 404 U.S. 519, 92 S. Ct. 594, 30 L. Ed. 2d 652. Whatever may be the limits on the scope of inquiry of courts into the internal administration of prisons, allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient to call for the opportunity to offer supporting evidence. We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46 (1957). See Dioguardi v. Durning, 139 F.2d 774 (CA2 1944).