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New Member
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Mar 17, 2010, 12:48 PM
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Just received summons to comply with demand contained in pleading dlv'd by sheriff
I am disabled, but recently denied disability as I hear is common the first time you apply. Have no income, live at home with husband-who is employed. Can they attach a garnishment to his wages since I got the card while we were married, although he is not an authorized user on mine as he has one of his own? HELP the amount is 9600.00 originally but now up to 11,900.
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Uber Member
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Mar 18, 2010, 06:36 AM
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What "card" are you speaking about? Is this about a credit card creditor?
If your husband is a signer or user on the account then his wages could be garnished IF they win the lawsuit.
Comply with the demand and be sure to show up in court to be sure you know what is going on.
If you do not comply to the demand and/or do not show up for the court date, then you will lose the case for sure.
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New Member
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Mar 20, 2010, 12:42 PM
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Discover card. No he is not a signer on the account.
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Expert
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Mar 20, 2010, 07:53 PM
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Is your husband named as a defendant? Was he (not just you) served with process?
If not, he his nothing to worry about.
If so, he should vigorously contest the suit, making clear that he is not liable on the account.
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Uber Member
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Mar 22, 2010, 07:16 AM
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 Originally Posted by AK lawyer
Is your husband named as a defendant? Was he (not just you) served with process?
If not, he his nothing to worry about.
Is this true in all states? I was under the impression that in some states he may be held liable since he is the husband. Please clarify so that I, the asker, and future askers are clear about it. Thanks.
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New Member
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Mar 22, 2010, 09:11 AM
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No, he was not named, I was the only one served. That is good to know- big relief.
Thank you AK lawyer!!
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Expert
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Mar 22, 2010, 04:30 PM
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 Originally Posted by RickJ
Is this true in all states? I was under the impression that in some states he may be held liable since he is the husband. Please clarify so that I, the asker, and future askers are clear about it. Thanks.
Yes, iin all states, wages cannot be garnished without a judgment against the wage-earner. If the husband is not named as a defendant, a judgment will not be entered against him.
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Computer Expert and Renaissance Man
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Mar 22, 2010, 05:03 PM
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 Originally Posted by AK lawyer
Yes, iin all states, wages cannot be garnished without a judgment against the wage-earner. If the husband is not named as a defendant, a judgment will not be entered against him.
This is correct. But doesn't go far enough In my opinion. In some states, debt incurred during a marriage, especially when used for the benefit of the marriage may be considered marital debt and the husband might be held responsible. But as long as he isn't name in the suit then he has no liability. There is the possibility that he might be named later on. It just depends on where you live.
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Uber Member
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Mar 23, 2010, 05:49 AM
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 Originally Posted by ScottGem
This is correct. But doesn't go far enough IMHO. In some states, debt incurred during a marriage, especially when used for the benefit of the marriage may be considered marital debt and the husband might be held responsible. But as long as he isn't name in the suit then he has no liability. There is the possibility that he might be named later on. It just depends on where you live.
This is what I was worrying about... and wanted to make sure you (lou2u) were aware of. Thanks, Scott, for pointing it out to her.
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New Member
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Mar 23, 2010, 10:58 AM
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 Originally Posted by RickJ
This is what I was worrying about...and wanted to make sure you (lou2u) were aware of. Thanks, Scott, for pointing it out to her.
Okay, I understand now. Thank you to all of you that helped with this! This site was a blessing for us.
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