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Sub: #1 Question re: debt collection in Illinois
Replied on 08-23-2011, 10:43 AM
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Hello everybody, this is my first time on this forum and looking forward to hearing from you:
I am an Illinois resident and married with 3 children. I have a mortgage in my name alone on a home I bought before getting married. I also have several credit card accounts that I also opened before being married on which I owe balances and I am the only signer on those accounts. The debt on CC was incured while married. I have an excelent credit history and never been late on any payments in the past 20 years. Unfortunately, I've been out of work for over 2 years and my wife is the one working and supporting the family. I am currently the one with the bank accounts which were opened in my name alone with my wife's paycheck is direct deposited in one of the accounts , a savings accout (her name was added on the acct later but it was not jointly opened). I am currently thinking about defaulting on both my mortgage and my CCs because our family have grown and my wife's income is not enough to pay all the bills and support our family expenses. My question is as follows: Under illinois law can my creditors go after my wife's future accounts opened in her name alone or even garnish her wages? What if she buys a home in her name alone, can the creditors put a lien on the home or go after any equity it may have? Unfortunately, I might eventually end up claiming BK unless I am able to find suitable employment in the near future so the question is how is that going to effect my wife and can she be found liable by BK court and have to pay my debt ( assuming our income meets the means test in IL) ?
Thanks in advance




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Sub: #2
Replied on 08-23-2011, 11:21 AM
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illinois is not a community property state. They cannot go after her.

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Sub: #3
Replied on 08-23-2011, 07:42 PM
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Soaplady is right. Illinois is not a community property state. The creditors will not be able to impose a lien on the house which is in her name only. But even it was a community property state, then your wife would have been responsible for the debts incurred after marriage. Try to get a job asap.


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Sub: #4
Replied on 08-24-2011, 08:53 AM
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Thanks for the responses. I know Illinois is not a community property state but I had a consultation with a lawyer and while back and he was kind of vague with the answers to my questions. Like for example, your wife can be resposible for things purchased for the benefit of the family... Also the part about the BK, in the affavit there are many question about both your income and spouse's income and expenses and this is what I'm worried about but lets hope I don't get to that point.




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