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ann02 · May 24, 2006, 02:16 PM

I went to court today ,citi bank is suing me for 12,000. My credit limit was only 5000. I have not been abel to pay in 5 years. I live in ky but I had to go to tn for court. The attorney said that they could sue my husband even though he was not on the card and his social was not used only my name and my social. Can they do this and because I live in ky can I be taken to tn? Tis is an unsecured debt.

J_9 · May 24, 2006, 02:23 PM

Have you lived in KY the whole time? Or did you live in TN then move to KY? Yes, they can sue your husband because when you are married your assets are joint assets. If this debt occurred prior to marriage then he could be considered an injured spouse. I am not an attorney, but have worked for them and I am also considered an injured spouse due to a debt of my husband's prior to our even knowing each other.

Do you have an attorney? If not, where in TN are you having to go I may be able to recommend one.

Fr_Chuck · May 24, 2006, 03:50 PM

Normally they will sue you in the state you live in, not another state.

If you applied and got the cards while you were living in TN, they may have standing to sue here, first of course you should have an attorney, but if you don't, first request would be in court, to ask the judge to dismiss the case because they don't have jurisdiction, since you live in KY, (he may not honor that request)

I would guess ( just a guess) they are sueing in TN because it has better laws for the credit card companies.

But in the long run, if you actually owe the money, you will be in court, and they will win and get a judgement. So be ready for them to attach any and all bank accounts you have, and garnish any payroll checks you get.

fredg · May 25, 2006, 06:28 AM

Hi,
You said "the attorney said....". Do you have a lawyer? I agree with the answer about getting yourself a lawyer. For this amount of money, you can afford to pay a lawyer, getting any breaks you can legally.
I do wish you the best, and good luck.

mr.yet · May 25, 2006, 07:25 AM

Something not right here? You live in ky, but the creditor is suing you in Tn. Did you ever live in Tn.

It is possible they will sue in another state, but the judgment must be transfer to your state to be enforced.

You don't have to go the Tn to attend court. DO They will get judgment by default. You must challenged the jurisdiction of the court in Tn since you don't live there.

You need to contact an attorney in KY.