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marmig · Apr 17, 2008, 10:13 AM

My soon to be ex husband gets SS disablitly. We got into credit card big time the last year trying to keep up with the economy. I know they can not seize his government check but can they take his car from him or the vehicle I am to get in the divorce? His home is a 5th wheel, that nothing is owed on. Can they seize any of that of they win a law suit?

Also my name was never on any of the credit cards but we live in a community property state and when he looked into bankruptcy, and plans to file to try and get out of this debt. Per the bankruptcy papers, he has to liste my name and also as co-debtor on the papers. Since my name was never on these credit cards, can they sue me for the debt even thought it may be discharged via a bankruptcy.

progunr · Apr 17, 2008, 01:06 PM

If the debt is discharged in a bankruptcy, they cannot sue for it, it is gone.

Yes, they can levy personal property, but it is not very common these days.

Living in a community property state means that they can levy a joint bank account, but, they will have to prove what percent of the account belongs to him and what belongs to you.

If a payment plan is completely out of the question, then bankruptcy may be the only option to avoid these situations.

Has the company filed suit yet? If not, I recommend that he figure out exactly what he can afford to pay and try to work out a payment plan to avoid a law suit.

Good Luck you you both!

George_1950 · Apr 17, 2008, 01:19 PM

Has the divorce been filed? Who is the plaintiff: you or him? Has the bankruptcy been filed? You aren't responsible for his debts, community property state or not.

SBU · Apr 17, 2008, 02:54 PM

What state do you live in and what is the balance of the card? Certain states don't allow law suits over credit card debt and all states that do have a specified minimum balance to be able to sue.

marmig · Apr 17, 2008, 04:00 PM

Originally Posted by George_1950

Has the divorce been filed? Who is the plaintiff: you or him? Has the bankruptcy been filed? You aren't responsible for his debts, community property state or not.

The divorce was filed a few weeks ago and we are in NM. We have to meet with a court attorney on May 16th since we are in agreement on things and do not have an attorney and then it is only a matter of the judge saying OK

No, the bankruptcy will not be filed until after the divorce. I wanted no part of it, as I had to file bankruptucy years ago when I married HIM. But under communitly property states, even as far back as an ex of 8 years ago, you have to list their name. I am now concerned about the vehicle that is to be mine after the divorce, as it is the same value as the 5th wheel that will be his residence. I am trying to sell the truck, as I do not want a big truck and never did and get myself a car instead but from what I read, that may look like frauduelent transfer of property.

All Credit cards were up to date until this month and right now we can only keep a few paid up and the truck payment, if either of us want to eat.

I live on my brother's property in NM and he is living in the 5th wheel on the same property (wish he would move that 5th wheel to a RV park)

marmig · Apr 17, 2008, 04:04 PM

Originally Posted by SBU

What state do you live in and what is the balance of the card? Certain states don't allow law suits over credit card debt and all states that do have a specified minimum balance to be able to sue.

One credit card is 24000 dollars. All together the cards come to about 45, 000 of debt. Three of these cards will be paid off and not part of the bankruptcy but the two bigger ones will. And the truck has 2200 left to pay on it and it is current too.

New Mexico is the state and we know they can take his SS Disability but I have been reading where they froze peoples bank accounts. Have not figured out who the THEY these people are mentioning, the company that sued or a judge.

George_1950 · Apr 17, 2008, 04:14 PM

Just curious: He is transferring his interest in a truck? Is he the sole owner? How much is it worth? How much is owed? Are you jointly liable?

SBU · Apr 17, 2008, 07:35 PM

24000 is well over any minimum balance amount for law suits in any state. I actually just left work and forgot the list of no-sue states behind. I believe NM is a "can sue" state though.

JudyKayTee · Apr 18, 2008, 05:45 AM

Originally Posted by marmig

One credit card is 24000 dollars. All together the cards come to about 45, 000 of debt. Three of these cards will be paid off and not part of the bankruptcy but the two bigger ones will. and the truck has 2200 left to pay on it and it is current too.

New Mexico is the state and we know they can take his SS Disability but I have been reading where they froze peoples bank accounts. Have not figured out who the THEY these people are mentioning, the company that sued or a judge.

Sounds like other people are on this but the "they" refers to the creditor, the person who has taken the Judgment.

I also just recently posted the Statute about debt in California - I'm not looking up the whole Statute right now but had saved this (there are few exceptions): "SECTION 910-916 Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has incurred the debt."

Simply stated it means in California one spouse's debt is the debt of both parties. Other States have different Statutes and no responsibility; in some the second spouse is responsible only for necessary debts and medical expenses. I believe that is NOT the case in California.

What does your Attorney say? Before you get the divorce I would make sure where you stand on this.