CACH and cold feet...

Also, wudn't they have to at least "try" to collect from him before garnishing his wages?
I have a million questions on this that he's just bringing up now at 9pm at night the night before i need to send payment!
ANg

You're both married, the wages will get garnished due to the default judgement. Send them their money and move on so that you can avoid further litigation and even worse black marks.

You got married, he married your debt; that's what the law says.

Well i aquired the debt after the marriage without his knowledge. What he's saying is, wudnt' they have to at least contact him to try to collect the debt before just garnishing his wages? Then he said well what can they take, 200 bux a month? And he's waiting on getting disability then they can't garnish... I agree with u, just do it and be done with it! I'm sick of dealing with these jerks!
Ahh well we shall see
Ang

Even his ignorance of the debt you acquired still leaves him in a position of being exposed. That judgement will end up costing you a lot, that's worse than a bankruptcy on your CR. Pay it and discontinue the action, he's liable to end up with a lien.

Well first of all, it is already ON my credit report and hasn't affected my credit all that much to date. A lien on what? I have NO ownership in the house. All i was asking is, can they just garnish without ever contacting him to pay it??
Just curious,
Ang

And btw... i am in NO way trying to tell people to just accept a judgment! First of all, it's an embarassment, secondly, VERY costly, ur debt can go up 4 or 5 times original amt as mine has! And i'm sure if u plan on purchasing a home it can hinder that as well. Just happens that my home is almost paid for and i don't have any plans of ever buying another one! SO most definately it has very ill effects on u, ur life and of course ur credit!
Just wanted to clear that up,
Ang

hiya ang--

we live in a community property state, so yes, they can legally go after his wages for your debt, even though his name is not physically on the debt anywhere. The debt was incurred after you were married, so it is legal for them to claim community property and go after his paycheck. fighting this, in my opinion, would only prolong the issue and possibly make you have to pay more in the long run.

The only exception to this law in our state, as far as I can recall, is if you and your husband had a legal contract concerning property and debts....it is possible to have a contract, and in that case, community property law does not apply.

No we don't have any such contract but he does have a large savings acct which was inheritance and also the house which he had before the marriage. Besides that we have 4 cars, a lakehouse and he also owns some property in AL but once again that is inheritance.
I think he's just getting mad now! And he's thinking well let them garnish my check and see how long it takes them to get paid!! He's waiting on disability then they can't garnish him!
So who knows what will happen but i'll surely let all of u know!
Ang

Ang
Good luck with this. Please let us know how this orderal turns out.

Ang I would go to court and bring your case file.This is an opportunity for a judge to reopen the case after hearing of the issues that happened before judgement.Louisiana is a community property state but for other yahoo's info a spouse can file for relief from a debt they did not know existed. Review the state rules of civil procedure very closely or hire a attorney to defend your hubby.

OMG, i am SO confused now! What to do? This has my stomach in knots! I in NO way want to avoid this debt, i DO want to pay it and move on! But Cajun that's exactly what hubby was saying!! And like he said let them garnish my wages and get a few dollars a month and take forever to pay back! He's angry now, about time!
But i've already had 3 diff attys look at this case file and not ONE offered anything more than to settle it for me. Which i can do on my own!
I'm SO confused now,
Ang
P.S. Also, I've been talking to the guy over at Dendy and it's SO funny cuz i've killed him with kindness and he actually likes me! ha ha Just this morning he's offered to drop the amt again! WTH? But one thing he DID tell me is that this acct is from 1997. I've NEVER had a credit card from 1997 so i'm at a total loss over this card!!! He said the only way i cud get a detailed billing is to pay for one! Since it's over 10 years old.... SIGHS, they are gonna haunt me for the rest of my life, i've come to that conclusion!

It's over 10 years old? What is the SOL for your state?

Although I believe SOL is only a defense if it's brought up during the hearing for the judgement. If it's not brought up, the judgement can still be entered and be legal. But I may be wrong about that one . . . .

No no goud, it's not been 10 years since the last payement! I thought about that after i hit submit! He meant that the actual card is 10 years old... My last payment made on the card was 4 years ago, they filed the suit almost to the date that SOL wud have run out! I just KNOW that i never got a credit card in 1997!!
So who knows what they're talking bout, dont' think they know either!
Ang

The SOL does not restart because they filed a suit. It restarts when you make a payment or in some states when you agree to make a payment. Being that you already have a judgement against you I agree with Goudah. A good argument may help you. I still think that you should get an attorney and move for a continuance on this while there is still time. I realize that you have gone through three of them but did you have any that were willing to do more than just settle. There are loop holes that none of us would know about because none of us is on your state bar! This CACH has an awful reputation that would probably work against them.

Ok now i'm not explaining this right i guess! My last payment made to them was before SOL ran out! The "actual" date of opening the card is in 1997 according to them which is NOT true!
Hope that explains better! The suit was definately filed within the time frame! Almost to teh day!
Ang