I admitted to owing a credit card company now they are asking for a summary judgement. Does this mean they can automatically garnish my husband wages if the summary judgement is granted? Can I ask for the judgement to be vacated even though I owe the company.

First how old was the debt ? But to be honest you never admit you owe it, you always challenge them to prove you owe it. To be honest often the collection company does not have the records required to win if you don't admit you owe it. But if they win the judgement is it a joint debt for you and your husband, if so, yes as soon as they get a judgement they can then file for a garnishment ( if allowed in your state) and they can attach your bank accounts.

On what grounds would you ask for it to be vacated, if they have asked for it, you can request a hearing if it is not already granted.

Oops! Who is the defendant? The plaintiff still must prove the amount of the debt, unless you agreed to its allegation.

They can ask for a summary judgement but you can still go to court. If they do get the judgement, if your husband isn't signed on the card, they can't garnish his wages.

Quote:

---

Originally Posted by ca34787

I admitted to owing a credit card company now they are asking for a summary judgement. Does this mean they can automatically garnish my husband wages if the summary judgement is granted? Can I ask for the judgement to be vacated even though I owe the company.

---

Instead of attempting to vacate the Judgment after it's been granted appear in Court, present your defense and keep them from obtaining the Judgment.

If the Judgment is granted what would your grounds to vacate it be?

In fact, what are your grounds to fight it now?

The company can only collect from the person who actually owes the money - if your husband does NOT owe the money, is not on the card, no, they cannot move against his wages. They CAN move against anything in your name, including any bank accounts held jointly with another person.