Civil Judgement 2005 Withdrawn with Prejudice because my late husband agreed to make montly payments and signed my name to this document. Putting his intials next to it as him signing.
I was not at any of the hearings.
I received Garnishee papers but am exempt due to my only monies being Social Security Widows Pension.

I'm sure there will be various opinions on this BUT let me make sure I understand this. YOU owed a debt; the lawsuit was withdrawn because your husband forged YOUR name to the settlement agreement.

If the debt was in your name alone and he signed I have no idea how no one noticed and it's fraud. Were you aware of the situation?

If the ONLY money in your accounts if your SS pension (NOTHING ELSE!) it cannot be touched. You would have to notify the creditor (the people you owe the money) AND the bank that the ONLY money in the account is exempt. Some banks have documentation which you then sign and they submit to the creditor. Your account will be frozen (if the Bank is served) until this gets straighted out. I would advise you to go to the Bank IMMEDIATELY and solve this.

If there was fraud involved what happens next is at the discretion of the creditor. You appear to have nothing they can seize (do you own a home, car, boat?) BUT they could allege criminal fraud - if the agreement was fraudulently signed.

Dear JudyKayTee,
Let me clarify.
My late husband and I were in a lease. Both names on lease. The landlords said my husband owed thousands in back rent which he disputed. I did not work, I took care of our special needs grandson who we had/have custody of.
They took us to court, but I never attended any of the proceedings. MY husband told me the case was 'withdrawn with prejudice' and was over. 2005.
Unbeknownst to me, the reason it was done is he signed a note in the courthouse agreeing to pay back the money in monthly pmts. Signing his name and mine, intialing my signature, that he signed for me.
Again I never agreed to this, was not present and knew nothing of the agreement.
The court date was May and June. By November of 2005 he was diagnosed with terminal prostate cancer and that was all that I lived for 2 years until he passed in Nov 2007.
NEVER was there any further communication with these people, the judgement or the courts.
We lived in said house until he died then I continued to live there until July 2009. My brother-in law had peurchaed said house in 2004(I believe that is the right year. Charging us a monthly rent which after my husband became disabled, he was in hospice at said house.
On April 7th I received papers saying that my bank had received Garnishment papers on the judgement.
As I previousley stated, my SS and grands SSI are auto deposted there and I found out this is exempt.
Their lawyer is attempting to get an agreement from me now to make monthly payments on this debt I dispute.
I have an appt with a legal aid lawyer on the 1st of May.
I own nothing but a beat up Van that runs when it wants to. My furniture, which is propbably 17 years old.
These people sue. They have sued a lot, because the wife used to brag about it. Never did I think I would be on that end.
I'm scared but I will fight this, even if my only way out is bankruptcy. I am almost 65, credit shot anyhow so it really no longer matters. All I care about is living long enough to see my grand on his own.
I start medicare in June and quite frankly feel that they will discover I have major issues with my own health.
I have not seen a Dr since my husband's long term disability was denied, and we lost all medical 2 weeks before he died. Thank god that hospice was in place for several months handling his meds.

I just wanted someone to tell me if I am liable for a note I did not sign, although my name is on original lease with my own signature.
Thanks I know this is long I'm just so consumed with this right now.
gemgram

First, my sympathies. I was widowed following my late husband's long, painful illness - and I was also his caregiver. That was (pretty much) my life.

Your husband could not sign for you. It's as simple as that. That agreement is meaningless as far as you are concerned. Now, the original debt is yours as the co-signer BUT it MAY be out of statute, depending on the State.

Yes, your income is exempt. Get that straight with the Bank.

You need to file in Bankruptcy. I've seen some really good Legal Aid Attorneys - if the one you are meeting with isn't helpful, come back and let us know when the suit was filed against you (what month/year) and then we may want more info.

Your husband could NOT (again) sign your name on a contract - which the settlement agreement was.

I checked and in Pennsylvanie L/T Judgements are 21 years. I'm not really sure if that is correct but it's all I could find.
My condolences to you as well. My husband was a terrible financial peron but I loved/love him..
I was so angry when this first happened a few days ago, I took off my rings, but in a few momnets I put them back on. The heart chooses love in spite of certain things.
So I now know what I must do and I appreciate your answers.
I just hope they cannot take my van. My husband paid it off a few months before he collapsed and was unable to work anymore. It may start when it wants, but eventually is does and I need it obviously.
Thank you again.

Sorry for the typo's!

Don't worry about typos.

It sounds to me like the creditor got a Judgment against you and your husband but did nothing as long as your husband made the agreed-upon payments. They can now attempt to enforce that judgment against you.

I can't IMAGINE them seizing what you own (your van). It can happen in some States but I very seldom see it and it really doesn't make a whole lot of sense.

I'll be interested in what your Attorney says.

And, yes, the heart chooses love over everything else. My problem was that I never got angry with my husband. I'm told it's an important stage of grief but it never happened to me. It can be anger over anything but I'm told you have to get the anger out.

Well, it's been 3 years and 4 months and still no anger.

I did remarry a year ago so my life has moved on.

I'm so sorry - it's so hard to be the person left behind.

I'm sure your husband had a lot of wonderful qualities but just wasn't good with money. Better than being married to a rat who IS good with money - or at least I think so.

Keep us informed.

Until this judgement surfaced, my grief was all about missing him fiercely. I became angry over this judgement that I was in the dark about the result. That it could now become an issue devastates me but I know that I will get through it. Bank was notified the day I received papers and they had received the same papers. They have replied and my reply to the Sheriff will be sent asap. Set now to get it printed and I guess have to fax to expedite it.
Yes, financially not a good provider but it did not matter for those 22 years were always filled with a deep love for each other. We accepted the bad with the good and just did our best to get through life. Just now was anger
He was constantly judged by his family because of his money woes. I did not care, he had a good heart and he never meant to harm.I know what it is like to be married to bad as I was married before and to an abuser and a cheat.

You're a lucky woman - that many years with a man you loved and you still love him. Some people search their entire lives and never find that type of relationship. And he was a lucky man, a very lucky man.

You are doing all you can right now to dig out from under this judgment. Now you can only wait.

I honestly think you'll be all right. Inconvenienced, of course, but all right.

You must be a strong woman or you wouldn't do all you've done. Being the caregiver when someone has a terrible prognosis is not easy, but you did it.

I truly believe this is going to be okay. You are not going to lose anything.

You JudyKayTee are a very nice lady to say these things when I need to hear them, a perfect stranger.
I just printed out what I need of this to fax, honestly I understand hardly any of it but was careful in my resonse and I attached a few emails and docs of my own.
You're right, in spite of the troubles, he was all to me and I would give anything to have him back, and not to have suffered the way he did. His grand really needs him and it's hard in that respect but he will be strong from this I hope. I'll be in touch when I have some answers if that's still OK?
I could tell you some stories of how I came to be "strong" but we all have our stories of how we got to be where we are today. You are a special person to take all this time back and forth. "The heart chooses what it chooses"

If you want to move over to the bereavement board and share - I'll be glad to listen.

And thank you for your kind remarks. I think it's difficult to understand what it's like to be widowed until you are a widow.

Quote:

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Originally Posted by gemgram

Civil Judgement 2005 Withdrawn with Prejudice because ...

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So he forged your name to some paper allowing a judgment to be entered. Then the judgment was set aside? What do you mean are you still responsible? If it was "withdrawn", it doesn't effectively exist any more.

Then he agreed to make monthly payments? If he is now dead, that agreement is only enforceable against his estate, if the estate has assets sufficient to pay it.

What is your question, anyway?

I read this as a Judgment was obtained (it appears she has received some type of garnishment papers). Her husband signed an agreement to pay the amount owed (in BOTH names) which held off any action involving the Judgment. Now he's deceased and the creditor is moving on the Judgment - because the payments have not been made.

She did not sign the agreement to repay; he signed her name.

Have I got it?