topic Re: Judgment and spouse's assets in General Credit Topics

Judgment and spouse's assets

Anonymous — Sat, 29 Mar 2008 15:48:26 GMT

I had a credit card, while in Colorado. I was unable to make payments since 1995, when moving to New York. In 2001, the CC company filed a judgment. In 2002, I married and my wife bought a house in her name. Now, a collections agency is calling me about the judgment and saying that they will go after my wife's house and her checking account. Can they do this? If I file for bankruptcy, will it protect her from my debts?

Re: Judgment and spouse's assets

Anonymous — Sat, 29 Mar 2008 20:54:32 GMT

GuyPD wrote:
I had a credit card, while in Colorado. I was unable to make payments since 1995, when moving to New York. In 2001, the CC company filed a judgment. In 2002, I married and my wife bought a house in her name. Now, a collections agency is calling me about the judgment and saying that they will go after my wife's house and her checking account. Can they do this? If I file for bankruptcy, will it protect her from my debts?

This is only a guess.......If the judgment was filed in Co. it must be renewed every 6 years!!

Domestic and foreign judgments: 6 years and renewable each six years. Note: If for child support, maintenance or arrears the judgment (lien) stays in effect for the life the judgment without the necessity of renewal every six years.

I would call the Co. courthouse ans start asking questions!!!

As to NY......the debt is in your name ONLY they can not do anything to your wife!!!

Whoevery it is that is calling you.....I would get their co.name address and mail them a DV CMRRR

DO NOT TALK TO THEM!!! You want everything in writting!!!!!!

I would also check with an attorney in NY.

You see when a judgment is issued in 1 state does not mean that another state will abide by it. It WILL remain on your CR until the time is up!

This is just my opinion Please wait for more people to answer you.

Re: Judgment and spouse's assets

Anonymous — Sat, 29 Mar 2008 21:16:31 GMT

Threatening legal action that they have no intenetions of doing or can't do is a violation of FDCPA.

Re: Judgment and spouse's assets

Anonymous — Sun, 30 Mar 2008 12:13:50 GMT

Actually, the judgement was filed in NY. Thank you for your response, though. I am going to be calling an attorney on Monday.

Re: Judgment and spouse's assets

Anonymous — Sun, 30 Mar 2008 14:47:47 GMT

Let us know what the attorney says about wife's assets. Is it an attorney that specializes in consumer law?

If they can't touch wife's assets, it might not hurt to ask about a violation of FDCPA for threatening to do so when they legally can not.

Re: Judgment and spouse's assets

Anonymous — Wed, 23 Apr 2008 18:58:02 GMT

I talked to an attorney today and she told me that there is no way that they can go after my wife's house. She did recommend that we both have separate bank accounts, so that if they tried to freeze that, they wouldn't be getting my wife's money, too. Thanks for all the help guys.