Being sued for credit card debt

[sharhack]

What is the name of your state?Ohio
My husband filed for disability over 2 years ago. He has not worked in 3 years due to a back injury. He had a credit card debt in his name only which he had before we were married. I have not been able to pay the payments on it. They told him they were taking him to court. He has nothing in his name. Is there any way they can garnish his disability if and when he gets it? Or am I liable for his debt?

 

[cmorris]

What is the name of your state?Ohio
My husband filed for disability over 2 years ago. He has not worked in 3 years due to a back injury. He had a credit card debt in his name only which he had before we were married. I have not been able to pay the payments on it. They told him they were taking him to court. He has nothing in his name. Is there any way they can garnish his disability if and when he gets it? Or am I liable for his debt?

No, a creditor cannot garnish his disability check. They can seize his bank accounts IF they contain non-exempt funds. You are not liable for this debt, as Ohio is not a community property state and it is not a joint account. However, if they get a judgment, they could place a lien on your home.

BUT, a creditor has to first take your husband to court and win a judgment before any of the above is applicable.

 

[sharhack]

Thanks for the quick response.
One more question, can they put a lien on my house when my husband's name is not on the loan or deed?

 

[cmorris]

Nope. You are not in community property state. House solely in your name? Tough luck for the creditor. Good luck to you.