Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-06-2005, 03:02 PM
Junior Member
 
Join Date: Jan 2005
Posts: 5
Exclamation

Stay home mom in trouble!!


What is the name of your state?What is the name of your state? Alabama

I'm a stay home mom for 3 years with 2 small children. I wracked up credit card bills so I wouldn't have to put them in daycare. Anyway, it snowballed and now I have been served with a garnishment of wages... I'm unemployed but do have a joint checking account with my husband. Can they garnish his wages? And if not, will they be able to foreclose on the house? I owe $9000 to this one credit card company. THANKS SO MUCH FOR ANY ADVICE!!!!!
  #2  
Old 01-07-2005, 03:15 PM
seniorjudge
Guest
 
Posts: n/a
How much do you owe?

How much does your husband make?

How much does your husband know?
  #3  
Old 01-07-2005, 03:30 PM
Member
 
Join Date: May 2004
Posts: 633
Quote:
Originally Posted by maryjokate
What is the name of your state?What is the name of your state? Alabama

I'm a stay home mom for 3 years with 2 small children. I wracked up credit card bills so I wouldn't have to put them in daycare. Anyway, it snowballed and now I have been served with a garnishment of wages... I'm unemployed but do have a joint checking account with my husband. Can they garnish his wages? And if not, will they be able to foreclose on the house? I owe $9000 to this one credit card company. THANKS SO MUCH FOR ANY ADVICE!!!!!
1. Close the joint account ASAP! Have your husband open his own account.
2. They cannot garnish his wages if he wasn't listed on the credit card. Was it a joint account?
3. You are afforded certian exemptions from seizure of personal property. A lot would have to do with how much equity you have. Is the house in both of your names?
4. When did you last pay the original creditor?
  #4  
Old 01-07-2005, 03:49 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,543
Quote:
Originally Posted by maryjokate
I'm a stay home mom for 3 years with 2 small children. I wracked up credit card bills so I wouldn't have to put them in daycare.
Curious.... why do you think your ability to have babies is somehow an excuse to not pay your bills???

Quote:
Anyway, it snowballed and now I have been served with a garnishment of wages.
And in order to have been served with garnishment, the creditor(s) sued you and got a judgment against you. Did you just 'happen' to overlook that FACT??

Quote:
I'm unemployed but do have a joint checking account with my husband.
ANY non-exempt assets you have, including that account, are subject to seizure by the judgment creditor.

Quote:
Can they garnish his wages?
Regretably, no.

Quote:
And if not, will they be able to foreclose on the house?
Good news!! Yes.
In your state, the law only exempts 'Real property or mobile home up to $5,000; husband and wife may double.' Anything you have over that amount.... can be grabbed.

Quote:
THANKS SO MUCH FOR ANY ADVICE!!!!!
The best advice your are going to get is.... get a job. Pay your bills. Don't spend more than you have.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 01-08-2005, 07:11 PM
Junior Member
 
Join Date: Jan 2005
Posts: 5
Quote:
Originally Posted by ihatearizona
1. Close the joint account ASAP! Have your husband open his own account.
2. They cannot garnish his wages if he wasn't listed on the credit card. Was it a joint account?
3. You are afforded certian exemptions from seizure of personal property. A lot would have to do with how much equity you have. Is the house in both of your names?
4. When did you last pay the original creditor?
We have done #1. The credit card was not a joint account, my name only. We have virtually no equity left in the house - used last year in a refinance. The house is in both our names. We last paid the creditor a year ago. I was up to date on all payments when we decided to "consolidate" the cards. We paid this consolidation company monthly, but by the time we found out they weren't paying the credit card company, the company was closed down by the government and the credit card company had already turned our account over to an attorney. The law firm would not negotiate on paying monthly payments - they wanted it settled. This all happened within 2 months time!
Thanks for your input!!!
  #6  
Old 01-08-2005, 07:16 PM
Junior Member
 
Join Date: Jan 2005
Posts: 5
Quote:
Originally Posted by seniorjudge
How much do you owe?

How much does your husband make?

How much does your husband know?

I owe $8700. My husband now makes $48600 a year, which is less than years past due to cutbacks, etc. He knows absolutely everything!

Thanks for your input!
  #7  
Old 01-08-2005, 07:37 PM
Junior Member
 
Join Date: Jan 2005
Posts: 5
Quote:
Originally Posted by JETX
Curious.... why do you think your ability to have babies is somehow an excuse to not pay your bills???


And in order to have been served with garnishment, the creditor(s) sued you and got a judgment against you. Did you just 'happen' to overlook that FACT??


ANY non-exempt assets you have, including that account, are subject to seizure by the judgment creditor.


Regretably, no.


Good news!! Yes.
In your state, the law only exempts 'Real property or mobile home up to $5,000; husband and wife may double.' Anything you have over that amount.... can be grabbed.


The best advice your are going to get is.... get a job. Pay your bills. Don't spend more than you have.
You know what, I didn't feel compelled to write down the entire story of how all this happened within a two month period due to family medical situations, cutbacks in my husbands job, me staying home with my mother with Alzheimers because there is no one locally who will care for her - therefore, preventing me from working. All of this because we wanted to consolidate our bills and the company we went with was closed by the government. Meanwhile, the credit card company had already turned the case over to an attorney before we had even realized what had happened. I didn't feel compelled to explain all of this, because I just asked for advice - not a guilt party! I'm sure your finances are all in line and I think that's great - I felt the same way about our finances just a few months ago!! I totally think people should be held accountable, but I can't even imagine having the mentality of wanting someone's house to be foreclosed - how sad!!!!!
  #8  
Old 01-08-2005, 07:58 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by maryjokate
I owe $8700. My husband now makes $48600 a year, which is less than years past due to cutbacks, etc. He knows absolutely everything!

Thanks for your input!
Keep trying to negotiate...money works wonders. They would rather have money than take you to court.
  #9  
Old 01-08-2005, 08:06 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,543
Quote:
Originally Posted by maryjokate
I wracked up credit card bills so I wouldn't have to put them in daycare.
Pretty much says it all, doesn't it???
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #10  
Old 01-31-2005, 05:35 PM
Junior Member
 
Join Date: Jan 2005
Posts: 6
Not passing judgement here since my credit is pretty crappy also from college days. Not making excuses...just stating facts! I just wanted to say that I am also a stay-at-home mom with three children. My husband makes about $25000 a year. We just have a budget and stick to it. My husband has immaculate credit by the way. We have been working on my credit to get it where it should be. I have heard that having a "consolidation organization" pay your bills isn't very good for your credit either. Is that true?
  #11  
Old 01-31-2005, 05:39 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by JessD
Not passing judgement here since my credit is pretty crappy also from college days. Not making excuses...just stating facts! I just wanted to say that I am also a stay-at-home mom with three children. My husband makes about $25000 a year. We just have a budget and stick to it. My husband has immaculate credit by the way. We have been working on my credit to get it where it should be. I have heard that having a "consolidation organization" pay your bills isn't very good for your credit either. Is that true?
Some of those places are better than others; I couldn't tell you, though, who is better and who is worse...I don't spend more than I make...In fact, I spend a lot less!

My ethnic background is Sephardic Jew, West Scot, and Errant Lutheran so I am pretty thrifty.
  #12  
Old 01-31-2005, 05:48 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,543
Quote:
Originally Posted by seniorjudge
My ethnic background is Sephardic Jew, West Scot, and Errant Lutheran so I am pretty thrifty.
Boy, does that explain a lot!!!
Oy Vey, Laddie!!
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:37 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.