debtors exam

[kttrumbo]

What is the name of your state? OHIO My husband was served with a debtors exam summons for a credit card that is in his name. The problem is is that I am the one that charged it to the limit,made a few payments and then he was out of work,I had medical problems and I let it go until it went to small claims in 2006.He didnt know that I stopped paying on it until he got the papers from small claims.Stupid I know.Now they want him to appear for a debtors exam for something he wasnt aware of.The creditor also called and said that they would like to keep it out of court if we pay it in full before the date.$1,100.00). Cant pay it all but I am willing to call the creditor and tell them the whole assorted story and see what kind of arrangement they want to make if any.My husband said when they called the other day that the woman was far from nice so what should I do? Will I be in trouble? What will happen if he doesnt appear? Thanks.KTTRUMBO

 

[seniorjudge]

A judgment debtors exam is an order from the court to show up and answer questions.

That means a judgment has already been entered against your husband. That further means that if he had a defense (which, from your post, he does not), then he can't present it now. He should have done that in the original lawsuit.

If he doesn't show up when the court tells him to, then he could be found in contempt of court and go to jail.

 

[kttrumbo]

Debtors exam

How could he have presented his case if he didnt know it went to small claims? Like I said I am the one that charged it up and now they want him to go to the debtors exam. I kept it from him hoping to be able to pay it off but that didnt happen. Can I be in trouble if I come clean with the creditor.I would like to make an arrangement if they will consider it. My husband says he is not going to the exam because he wasnt the one that did this. Kttrumbo

 

[CourtClerk]

Here's what you don't get. You did your husband no favors by:

I kept it from him hoping to be able to pay it off but that didnt happen.

because while you were busy being stupid and keeping legal documents from him, he was busy being sued and losing. The case itself is done. There is an existing judgment and the judgment creditor is going to collect their money. At this point, no story about how irresponsible you two are/were is going to change that fact or remove the judgment from the court record.

My husband says he is not going to the exam because he wasnt the one that did this

Before compounding stupid decisions, your husband may want to read the civil code. Failure to appear for a debtors exam (in my jurisdiction) results in an immediate bench warrant being issued - and your husband WILL be arrested.

 

[kttrumbo]

Reply to court clerk. I resent the fact that you are calling me stupid and irresponsible in my decisions.I take it you never did anything stupid in you life. I realize I was wrong and I just wanted to know what could be done about it.Not to be called names. I have a responsible job and go to it every day,but in the past had some major medical problems that prevented me from taking care of things.

 

[Texas Pooh]

OP,

The important thing is for you to focus on the fact that the advice is absolutely correct. The judgment is final, and can't be revisited unless you are still within the appeal period.

Failure to comply with a debtor's exam is, as suggested, grounds for contempt, and the remedy for contempt can being arrested. That's certiainly not going to improve the issue with your husband!

To answer your other question, it is always possible to negotiate. Search the forum for settlement (visit the debt collection forum in particular) and you'll see what to do next.

But - don't ignore the debtor's exam while you seek to settle.

Good luck ...