Forums
Hi
Late last year I was injured
I have been unemployed now for over a year. My wife's work cut her hours at about the same time. I let my only two credit card payments lapse. I received a notice that I am being sued for for the balance, plus fees etc. If the card company gets a judgment, I understand they can lien my house, but can they garner my wife's wages? The card was not in her name. What about personal possessions? Can they seize personal property, vehicles etc? How can I avoid a judgment. I have no income and no money.
If your wife's name is on the bank account with yours yes they will take her money. I don't think avoiding a judgment is possible. Because they will get there money one way are another. I would just contact an attorney and see what advice he gives you. And if you do end up going to court make sure you go and explain to the judge your situation not sure that will help but it's worth a try. Maybe he will give you until you find a job to start the garnishment.
Ok so if my wife and I have a joint banking account, they will garnish what ever money is in it, even though her name was not on the charge account. How about the payroll check from her employer? Can they effectively garnish her wages direct from her employer? I read on another site that if I negotiate a payment plan with the company I can avoid it going to court. If I do get a judgment against me, what will they go after?
Thanks Brad
If the money she gets from employer is deposited into an account with your name on it. They will garnish it. They don't know who put the money into the account. They just see your name and assume it's your money and they will take it. Now I'm not sure if you can do something to get it back or not since it is your wife's. I'm sure others on here will be able to answer that along with other questions you have. Now if you were getting unemployment or retirement money you could stop that from being garnished as long as it's just a creditor. Things like child support, a tax lien ect. they can even garnish unemployment for those. To be on the safe side I would close the joint account and open separate accounts.
Brad
I would go to court on the date and explain this to the judge,I did and disputed the balance and the judge made them do bill of particulars and me grounds for defense and then they just kept prolonging it and then we settled for less than half the debt and I never got a judgment.I don't think they can get a judgment if your not working , look on your judgment papers and read everything on them
Well thus far I don't have a judgment, it goes to court next month. I only had 2 cards and the total is less the $7000.00 for both. It's not that I don't want to pay them, it's just I am not able to at this time. The economy here in Ca is shot. I have been looking for work as both a carpenter or landscape designer and have found nothing. Started raising landscape plants and fixing up bicycles to sell, but that is not doing well either. What do you folks think about the credit card counseling services. You know the ones that work with the companies and you make just one payment? Are they a rip off or are they a good option?
Thanks again
Brad
You could try a debt consolidation or a debt settlement. I believe the debt consideration doesn't damage your score as bad as the debt settlement does. But don't quote me on that. I don't have any experiences in doing that. But there is a non profit agency that posts on here The name is freedom I have went to their site and it looks legit to me and its full of a lot of useful information. Check them out and see what they can do for you. But of course do your homework on every one before you make a final decision.