Tax return

[Sebin]

What is the name of your state? North Carolina

My wife is going to be sued by a credit card soon. She has absolutely nothing that they can take away from her, and she doesn't work because she is disabled but she doesn't get a disability check. However, we filed our taxes jointly. If there is a judgement against her, can they legally seize the money from our tax return, even if the check is deposited in my own personal bank account?

Also, from the moment the credit card files the court papers, how long does it usually take until the debtor gets subpoenad and has to appear in court for the first time?

Thanks

[Debt Guy]

Tax refunds cannot be garnished by a general creditor.

Any funds that is in an account with her name on the account is vulnerable to a bank levy. If her name is not on the account, then the creditor cannot grab those funds.

Rules vary from state to state. Once the summons is served, the defendant usually has 20 to 30 days to respond to the summons. If the defendant fails to respond, the plaintiff will submit to the judge a motion for summary judgment which is usually granted without a hearing.

If there is a hearing and the defendant fails to appear, then the judge will grant a summary judgment. Even if the defendant appears but offers no defense, the judge will still grant a summary judgment.

[Sebin]

Originally Posted by Debt Guy

If there is a hearing and the defendant fails to appear, then the judge will grant a summary judgment. Even if the defendant appears but offers no defense, the judge will still grant a summary judgment.

When you say "appears but offers no defense", do you mean appearing without a lawyer, or simply not preparing a defense? We have no way to afford a lawyer.

Thanks

[Betty]

Your wife doesn't need a lawyer but she needs to appear in court if there is a hearing. If she doesn't have a defense to present at that time, a summary judgment will be issued against your wife. If she doesn't appear at all, a summary judgment will automatically be issued against her.