David M
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The debt is his sole and separate obligation and if you take the necessary steps to protect your assets, they cannot be garnished. If the money is in a joint account, move it into a separate account. This will look suspicious, so get copies of bank statements from before marriage that show your financial assets prior to marriage. If you are not named in the lawsuit, they will not go after your assets unless your have co-mingled them with his assets. If you are named in the lawsuit or have co-mingled your money with his, file a statement with the Court that lists your separate assets. Attach pre-marriage bank statements showing your assets. They cannot take your money. You just have to prove it was your money. If you're not named in the lawsuit and have kept your money separate you do not have to do anything. |
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carpediemamt
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Is his name on the savings account? If not, then you may be safe. The most common thing that might happen - is that they would garnish his wages and take a % each month to repay the debt. Definitely call an accountant or an attorney to find out what would happen if his name is on the savings account. |
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island3girl
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keep your finances separate. keep savings in your name alone.
i'd also suggest a post nuptial agreement from a lawyer to spell out who is responsible for which debts. It will help you keep your credit rating clean
good luck to you. |
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MommyofTwo
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Transfer your money to an account with just your name on it. They can freeze any account with his name on it. They can't touch anything that doesn't have his name on it. He either needs to set up payment plans or go bankrupt becuase they won't leave him alone. |
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jim06744
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check with a lawyer. all these blanket statements about whether they can or cannot get at your assets are very dependent upon the state in which you live and the nature of the debt. |
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sugarplum
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See a lawyer for this one. |
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echo
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You have a couple good answers (Studly and David)
I just wanted to add something.
Check the SOL for your state. If your husbands account was past the collecting SOL "BEFORE" the suit was filed - include in your answer an "affirmative defense of SOL" and also include a counter claim for filing on a time barred debt.
I'm just guessing that it is a collection agency and not the original creditor that had filed the suit(?)
While it is illegal to file a suit on a time barred debt, collection agencies do it quite often.
Also, check your husband credit reports for any inaccurate information the collection agency has listed. (they usually do list inaccurate info)
If they do have any inaccuracies listed, file counter claims for any and all of the inaccuracies.
IF you have enough "true" counter claims to hit them back with, they may end up making a deal to drop the suit if your husband drops his claims.
You might click on my profile and click on the link I have listed to check the SOL in your state.
If you find that your husband was out of of the collecting SOL "before" they filed the suit, scroll to the bottom of the page and click on the home page. Then scroll to the bottom of the page and click on your state. You will probably find the statutes you need to prove the SOL for your husbands answer and counter claims. |
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Studly
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David's answer is correct....but being a true lawyer he tosses in some terms that the average laymen gets confused on.
Do a quick search and research "co-mingled" so you understand that term. It's a bit more involved then I can cover in this space.
Now, while everyone is so busy saying what YOU should do...they are dodging what your hubby should be doing.
Be sure this is a real court summons and that the paperwork was properly served. I assume he's going to lose, so get prepared for the next phase of the court process....the judgement. Have him gather up his finances. Explain to the judge his situation and request that the judge order installment payments. In most states the judge can grant this, and it will hold off any garnishments or property seizures.
Just because you income is insulated does not prevent them from going after his income or property. |
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mckee20022003
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I had just searched for an answer to a question and someone had already answered the question and the answer was right i checked the profile of the person who answered and he seemed legit so i hope it dosen't cause a problem but i will give you his name ailegal myabe he can help you. Good Luck! |
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wish I were
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If you have so much money then why are you letting him go to court??? Why not pay the bill and avoid court??? When you marry someone you take them and their debt! Pay your bills off and quit being deadbeats! He made the debt and now it should be paid with whatever money you have so you two can get on with your lives with a fresh start and NO DEBT!
Since when does everyone think it's OK to skip out on their debt??? You're all a bunch of deadbeats! |
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gouldgirl2002
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Ouch! Withdraw $$ and put it in safety deposit box at bank. |
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RDubs
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dont keep the money in a joint account, or if you want i could hold it for you. |
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Cool man
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just give me the money and ill tell you what to do no really im seriouse |
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m_c_m_a_n
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Are you sure it's a summons from a credit card debtor?
It could just be a threatening letter from a law office as it's very rare for credit card companies to take people to court. |
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sunset
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I would play on the side of caution and remove my money until this is settled. |
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Tina
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take the money out the account until court is over. They cant take what that cant get to. |
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