Wife recieved civil summons

[mets23]

What is the name of your state? NC
My wife owes citi bank, whom has now sold the account to a llc company in Raleigh,nc. The amount is around $18,000+ they say $95.00 in court cost. It says she has 30 days to comply. What does this mean. I dont want to sound stupid, but what do we need to do?The last payment was made on 2/7/05. We dont owen anything. We make payments on our car and our house. She does have about 2,400 in 401k. She makes about $27,000 a year. So they can forget about us cutting them a check for $18,000. So what can they do and what can we do? Thanks for your advise on this matter. My wife is pretting upset over this.

 

[JETX]

So what can they do

They 'can' (and will) get a judgment against her. Then, they can start seizing any non-exempt assets that she might have.

and what can we do?

Pretty simple. Pay them.
Get a second job.
Sell some of the things that she purchased with THEIR $18,000!!!

My wife is pretting upset over this.

Awwww..... poor baby!!! She promises to repay someone for using THEIR money for her benefit, then when they want to be repaid.... she gets upset!! I really feel terrible for her.

 

[justalayman]

]Not that symathy gets you out of debt, your entire post simply says you ran up over 18 grand in debt and based upon your wifes income, could not afford to do so.

You now say the wife is geting upset because the folks you borrowed the money from want it back. What right does she have to get upset about that??


There is nothing wrong with JETX's post. It is accurate and true and since you felt the need to throw in the "wife is getting pset" comment, what is wrong with him commenting on that?

 

[mets23]

All I want is information about what is the law. I dont need pricks telling me its her fault that she had to pay for her dead sons funeral and x husband funeral. Like I said you guys no nothing about the situation. You just think that she ran up the cc and now is trying to see if she can get out of it.

 

[JETX]

All I want is information about what is the law.

I already answered you, idiot.

However, you clearly are NOT here for legal answers... but for someone who will tell you what you want to hear.

I dont need pricks telling me its her fault that she had to pay for her dead sons funeral and x husband funeral.

See, there you go being an idiot again. There was NO legal obligation for her to pay for ANYONE'S funeral. That was her CHOICE. And even more stupid since she borrowed money to do it (at least in YOUR version).
And even more evidence that you and she are idiots... two funerals could have been done for about $250!!

 

[justalayman]

JETX gave you what is going to happen. What else do you want?

First, I am presuming the bill is legit since you did not argue that point.
Next, you can either pay the debt, attempt to negotiate a payment plan or even the total amount of the debt.

If you do not pay or they are not happy with what you offered, they can sue you and get a judgement.

Then they get to attach any exempt assets your wife has. I didn't bother to see if they can garnish wages in No Carolina since you seem to have a bit of an attitude.

You need to realize that those here answer posts for FREE. Nobody gets NOTHING out of it short of trying to help some folks that don't act like dicks.

If this is such a great debt that it is overwhelming, you can always investigate the possibility of bankruptcy.



BTW: unless the child was underage, she didn't have to pay for the funeral. She definately didn't have to pay for the ex's. It was her choice. Not knocking her for it. Just stating a fact.

 

[TigerD]

I, for one, would gladly pay for my ex-wife's funeral. Just as long as it proved she would bother me no more.

 

[BelizeBreeze]

Valhalla here I come

 

[Betty]

OP - FYI: If debt isn't paid in full or a payment plan set up & they sue & get a judgment, non-exempt assets (not exempt as indicated by justalayman) can be seized/attached. You cannot garnish wages in NC for a creditor debt.

 

[JETX]

You cannot garnish wages in NC for a creditor debt.

Sorry, but NOT entirely correct.
Wage garnishments are legal in North Carolina if a North Carolina court or federal court issues a court ordered garnishment for specific items such as, but not limited to, taxes, student loans, child and spouse support, and payment of ambulance services in certain North Carolina counties. The North Carolina Wage and Hour Act (WHA) recognizes legal garnishment court orders in N.C.G.S. 95-25.8(1): "An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so by State or federal law, ..."
http://www.dol.state.nc.us/wh/fact sheets/garnishments.htm

 

[Betty]

JETX - I found several web sites (written by lawyers) + it was also in a reference book I have that you cannot garnish wages for creditor debt (ie car loans, credit card debt . . .) in NC. This statement is generally correct (they cannot). However, after verifying further & going to the web site you mentioned I see that there are exceptions. I will not type them out. (though your web site also says they generally cannot but gives exceptions) Your statement that I was not entirely correct is correct - in other words you are correct.

 

[BelizeBreeze]

JETX - I found several web sites (written by lawyers) + it was also in a reference book I have that you cannot garnish wages for creditor debt (ie car loans, credit card debt . . .) in NC. This statement is generally correct (they cannot). However, after verifying further & going to the web site you mentioned I see that there are exceptions. I will not type them out. (though your web site also says they generally cannot but gives exceptions) Your statement that I was not entirely correct is correct - in other words you are correct.

Or, for lack of a better, less long-winded explaination....ooops!

 

[justalayman]

OP - FYI: If debt isn't paid in full or a payment plan set up & they sue & get a judgment, non-exempt assets (not exempt as indicated by justalayman) can be seized/attached. You cannot garnish wages in NC for a creditor debt.

In the words of BB...ooops! Need to proof read the posts better. Of course it would be non-exempt assets.

 

[Betty]

In the words of BB...ooops! Need to proof read the posts better. Of course it would be non-exempt assets.

I knew you meant non-exempt & not exempt but I thought I was clarify for OP.

 

[JETX]

I thought I was clarify for OP.

HUH??? Care to try in English??