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help04 · Jul 15, 2008, 07:50 PM

Hi, I had a credit card before I got married and went into collections. Now I have a judgement against me. Can they garnish my husbands wages and assets? We have a home and bank accounts in his name only.

George_1950 · Jul 15, 2008, 08:03 PM

I would be surprised if the creditor could attach either your husband's wages, bank account(s), or home.

TheCleaner · Jul 16, 2008, 05:37 AM

I would keep everything separated, they can't touch his wages, his accounts or his house but the shared bank accounts is a different story, also they could go after the house if your name is on the dees.

Fr_Chuck · Jul 16, 2008, 05:53 AM

They can not get his accounts unless they can prove you are putting YOUR money into his account to hide it. So if you have your own income they can come after it where they can find it and prove it went.

ScottGem · Jul 16, 2008, 06:49 AM

They can only attach assets that you are listed as an owner of.

Why haven't you tried to work out a repayment plan?

help04 · Jul 16, 2008, 04:02 PM

I had a payment plan out worked but they sent the cashiers check back to me saying they received the payment late. All the payments that I sent went towards all the fees.The balanced that I owed before the judgement was $5000 now its over $9000. They already froze my checking account and because I am the trustee for my children's accounts they also put a lien on their accounts. I tried to call them and asked why they returned the check and they said they received the payment a couple of days late so the agreement was cancelled. I asked if I can do anything they said it was too late.

TheCleaner · Jul 17, 2008, 05:03 PM

Yeah, it use to happen, sounds like typical junk debt buyer stuff, you try your best to pay them even thoug they never lent you any money , they see it is easy, they start to play nasty and try o squeeze your last drop. Capital one does that too.

I don't know what can you do at this point besides look for any defect in their lawsuit and file a motion to vacate the judgment.

Carl.-

JudyKayTee · Jul 17, 2008, 05:07 PM

Originally Posted by TheCleaner

yeah, it use to happen, sounds like typical junk debt buyer stuff, you try your best to pay them even thoug they never lent you any money , they see it is easy, they start to play nasty and try o squeeze your last drop. Capital one does that too.

I don't know what can you do at this point besides look for any defect in their lawsuit and file a motion to vacate the judgment.

Carl.-

The only way to get this set aside is for non service - an error/defect comes later when it's refiled and there's a defense.

JudyKayTee · Jul 17, 2008, 06:11 PM

Comments on this post
TheCleaner disagrees: That's what you think, not necesarilly real

No, that's what the law is. If what I have posted is legally incorrect - which you appear to think it is - then why don't you post the section you are relying upon, the part where you can get a Judgment set aside for a defect (other than bad service), when "you" don't appear and it's taken by default. It is "necesarilly" real - and correct. What defect are you suggesting OP look for - ?

And this is a revenge "reddie" - how old are you?

TheCleaner · Jul 17, 2008, 06:19 PM

Ways to vacate

- No service

- Unable to appear in court (Be creative, Give some good excuse you can prove)

- Amount excede usura limits (Check state laws, you can get them here almost every time, after the judgment is vacated you hit them with a validation request before they re-file)

- Unable to respond summons (Good excuse)

- Response filed but judgment granted anyway wihout hearing (Happen too often)

- you requested validation, they did not validate but filed suit (Happen also too often)

Mr. law enforcement, I'd apreciatte it if you quit chasing me all over the board only to desagree with ever word I say, I'm getting tired of it. How old are you?

Carl.-