Summons
Date: Sun, 08/09/2009 - 19:41
My husband has been out of work for approx 16 mos., leaving me as only provider of income that is less than half of what is necessary for housing, food and utilities.
I was also served with duplicate summons as
Jane Doe. My name has never been on my husband's account.
What happens next? Will my credit be destroyed and will a court require my wages to be garnished? Could we loose our home? We live in a community property state.
Through all our troubles, I have tried successfully to stay current on my accounts.
Since your husband has already received the summon, he must file
Since your husband has already received the summon, he must file a response to it within 30 days of receipt of the summon or by the date as mentioned on the summon, in order to avoid default judgment.
Quote:
Will my credit be destroyed and will a court require my wages to be garnished? |
If the collection agency succeeds in getting judgment against you, he can garnish your wage. However, he cannot foreclose your home, but can definitely put a lien on it.
Since you have never been on the account, you have absolutely NO
Since you have never been on the account, you have absolutely NO liability. Respond to the summons indicating Jane Doe's name has never been on the account. You CANNOT be garnished and they cannot touch your credit.
SC it's dangerous when you give misleading information!!
SC it's dangerous when you give misleading information!!
If there are medical charges or charges for "necessities" (like
If there are medical charges or charges for "necessities" (like food, shelter and medical care) on the card, a wife may be help liable also (depending on state law and application of the common law). As for a lien being put on your property if you lose, yes, that can happen. And then that lien may be foreclosed, depending on the laws in your state (they sure can do it in Connecticut). You need to find a lawyer in your area- go to the website maintained by the non-profit National Association of Consumer Advocates, www.naca.net and use the 'find an attorney' function. Not all lawyers charge for this kind of help. Good luck.
