16 Yr old Son Received summons for husband credit card collection debt??

[Ladynred]

If his name's not on the account, they can't touch it - period.

[LUGGER26]

Originally Posted by Ladynred

If his name's not on the account, they can't touch it - period.

Ladynred-
Well, hubby showed up at court to file our answer to the summons and the court people stated that since we made a payment plan with the attorney's already that we would not have to waste the money to file an answer because we agreed to a payment plan by default judgement? When I phoned the attorney's office they stated the same so we left the courthouse. Now I see how people get screwed. I believe we were given false information because now the attorney's state that after 3 months of our payment plan they will reevaluate the account to see if my husband should be paying more per month, less, or stay the same. When I talked to a specialist about this they stated that hubby just got screwed because the attorney will appear in court for the judgement so that when the 3 months pass they can then demand the balance in full and if he doesn't pay then garnish his wages?? This attorney office even asked how much I get paid at my work. I told him I don't work since this is none of his business!! Can they garnish his wages while accepting our payment plan money? Also, how long from the time you receive the summons should you have to answer? He only had like 7 days to answer the summons? I also have read that they can summons you to court for citation to discover assets? Why would they need that if they know your employer and that you own a house from your credit report? PLEASE HELP HUBBY GOT SCREWED!!

[Ladynred]

Yep, hubby got screwed, AND he has a judgment against him. They may not do anything to enforce that judgment as long as he keeps paying per the arrangement, but with nothing in writing, the collection lawyers can pretty much do anything they want, you have nothing to refute them.

They CAN garnish his wages while accepting payments, but they probably won't. However, if he misses even one or is late, they WILL go for garnishment or bank levy.

Why would they go for discovery of assets ? Because most people have assets that never show up on a credit report and not all of those assets are going to be exempt.

[debtcollector`]

Originally Posted by LUGGER26

Ladynred-
Well, hubby showed up at court to file our answer to the summons and the court people stated that since we made a payment plan with the attorney's already that we would not have to waste the money to file an answer because we agreed to a payment plan by default judgement? When I phoned the attorney's office they stated the same so we left the courthouse.

You were told this would happen. There is a reason I use the moniker "debtcollector`" it is because I do this for a living.

Originally Posted by LUGGER26

Now I see how people get screwed. I believe we were given false information because now the attorney's state that after 3 months of our payment plan they will reevaluate the account to see if my husband should be paying more per month, less, or stay the same. When I talked to a specialist about this they stated that hubby just got screwed because the attorney will appear in court for the judgement so that when the 3 months pass they can then demand the balance in full and if he doesn't pay then garnish his wages??

That is why you NEVER ignore a court date. Of course the collecting attorney is going to say you don't need to be there. You don't need to be there from his point of view. I know -- this is mute point now -- on to your next question.

Originally Posted by LUGGER26

This attorney office even asked how much I get paid at my work. I told him I don't work since this is none of his business!! Can they garnish his wages while accepting our payment plan money?

And at this point, the attorney is thinking -- they are going to be completely uncooperative. Slam 'em. Full court press. Levy accounts, seize all non-exempt assets and garnishments.

Originally Posted by LUGGER26

I also have read that they can summons you to court for citation to discover assets? Why would they need that if they know your employer and that you own a house from your credit report? PLEASE HELP HUBBY GOT SCREWED!!

Because like LadynRed said, you may have assets that aren;t on your credit report. By you I mean your husband. Be aware that if you have ticked off the attorney enough, they may also go after any assets in your name if they can prove that your husband paid for them or deposited money in your account. It's called fraudulant transfer.

DC

PS Your hubby didn't get screwed. He owed a debt. He didn't pay. You sought advice and were advised to appear in court. You were advised to not seek advice from the collector's attorney. You chose not to heed the advice you received. Now hubby is going to have to pay his debt and yes it is going to impact your family. My last bit of advice is to start tightening up on family spending and preparing to have a rough time of it until the judgement is paid.

[LUGGER26]

Originally Posted by debtcollector`

You were told this would happen. There is a reason I use the moniker "debtcollector`" it is because I do this for a living.


That is why you NEVER ignore a court date. Of course the collecting attorney is going to say you don't need to be there. You don't need to be there from his point of view. I know -- this is mute point now -- on to your next question.


And at this point, the attorney is thinking -- they are going to be completely uncooperative. Slam 'em. Full court press. Levy accounts, seize all non-exempt assets and garnishments.


Because like LadynRed said, you may have assets that aren;t on your credit report. By you I mean your husband. Be aware that if you have ticked off the attorney enough, they may also go after any assets in your name if they can prove that your husband paid for them or deposited money in your account. It's called fraudulant transfer.

DC

PS Your hubby didn't get screwed. He owed a debt. He didn't pay. You sought advice and were advised to appear in court. You were advised to not seek advice from the collector's attorney. You chose not to heed the advice you received. Now hubby is going to have to pay his debt and yes it is going to impact your family. My last bit of advice is to start tightening up on family spending and preparing to have a rough time of it until the judgement is paid.

Sorry to say debtcollector I don't how it would be fraudulent transfer when I have had this bank account in my name only for 4 years. It's not like I just took his name off to elude the collections and even the money that is in the bank account is considered exempt as well as our old car. Therefore it doesn't leave much. As for the judgement it will be paid within 2 months anyway.

[LUGGER26]

Ladynred-
I have been looking around the boards and was wondering if it would be worth my while to vacate the judegement? I am not even sure if the judgement has even been entered yet, but I know the time to answer to the summons was august 9th. Could I somehow do this so I can appear in court and get something in writing stating the collection attorneys agreed to a payment plan or should I just leave it alone now that I hung myself and just pay the debt the way they want?

[Ladynred]

Very doubtful you could get it vacated at this point, but you CAN appeal it.