defaulted before marriage

[pepsibear62]

What is the name of your state? PA

I had gotten a credit card in my maiden name and have since married and defaulted on the credit card. The company has since had a judgement entered into the court and now has sent me a paper wanting to know my assets. I have no assets,they're all in my husbands name, except for a joint checking account. I would like to know if anything can happen since it all started in my maiden name. Also how long does a judgement stay on a credit report? We're looking to buy a house soon, could the credit card company interfere with that? It's been 5 years since I defaulted on the credit card.

[Debt Guy]

You must answer the summons. If you don't the judge could issue a bench warrant and have you arrested.

You are being asked to appear at an asset hearing. This is where you will answer the questions of the attorney for the creditor about your assets. You must answer honestly.

Your name at the time of the debt being incurred is not relevant. You are still obligated to repay the debt even though you are now married and your name is different.

In most states, a joint checking account is your property and is subject to seizure. If you have funds in a joint checking account, the safe thing to do would be to close the account and open an account only in your husband's name.

Judgments tend to have longer lives than debts. I'm not sure of the statue of limitation in PA. There are even procedures in most states for a judgment to be renewed and have an even longer life.

Yes, this judgment could prevent you from buying a home. Even if you can buy a home, it will most likely drive up your interest rate.

You should purchase a copy of your credit report and review it. If your credit score is under 600, you will probably have some problems. If there are errors on your report, you can dispute those errors. This could result in an increase in your credit score. It is not easy to get a judgment removed from a credit report.

[Ladynred]

Well, the bad news is that the SOL for being sued to collect a debt in PA is FOUR YEARS. If the last time you paid the creditor was FIVE years ago, and the lawyer sued you AFTER that 4 year period was up, then you could have avoided the judgment entirely. Apparently you ignored the original summons and either didn't file an Answer to it and/or didn't show up in court.

DebtGuy said it - get your name OFF the bank account, they can and they WILL drain it dry. Then your DH would have to fight them to get that money back if all of the funds in it are HIS.

Judgments in PA are valid for 5 years, and can be renewed.
Unpaid judgments CAN stay on your credit reports for as long as they go unpaid, which means they CAN stick to your reports for far longer than the usual 7-1/2 years.

[Tayla]

Debt guy is correct on some general matters.

To specify the judgement laws in PA go to: [url]www.pacode.com[/url]

A judgement will most likely need *satisfied* in order to partake in a mortgage. Once the amount is paid, it can be vacated thru the courts.
Since the Default judgement has already been in effect for awhile, I would suggest that you get copies of this judgement from the court house directly. Review it and see if it matches what you owed at the time + interest and legal fees.
Technically speaking- The Court systems neither provide information on individual case dockets on judgements to CRA's nor do they validate.

The judgement can be removed off your credit report....Dispute it if you want.
It will still be technically a judgement record recognized in the courts and doesnt make it go away. PA does carry a writ of revival , writ of reknewel (sp?). These writs can be enforced and granted til your demise...