Ask Me Help Desk - Motion filed about Credit Card Debt

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.

Quote:

Originally Posted by PixieMama

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? 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).

Hello Pixie:

1) Sue him and win a judgment that's good for 10 years and renewable for another 10. Yes, he doesn't work NOW, but is he going to EVER??

2) Yes. In a community property state, you can be obligated by your husbands signature. You have no more rights than any debtor.

3) Right here.

4) Sure it works, but you can do it yourself (and much better, I might add, than they could).

excon

PS> Although you didn't ask, the best thing to do would be to negotiate a cash settlement NOW.

There are a couple of points about your post that bothered me:

Quote:

Originally Posted by PixieMama

we need the money to pay the bills that actually matter (rent, electric, phone, water, and diapers for our babies).

Sorry but ALL your bills matter. All your bills represent your promise to pay. While some bills may be more important they others, they all matter. I'm also wondering why everything is in your mother's name.

But as excon said, They can obtain a judgement that might haunt him for 20 or more years. I would also search for the FDCPA for laws on collections.