I have a judgement issued against me. I have received a notice of rights to have exemptions designated. Our home loan is in my husbands name only, but we are both on the deed. Our vehicle is also in his name. If I list our home to be exempt then where are they to get their money due? Can they garnish my husband's wages? I am very confused. All of this is over a credit card debt that only had a $300 limit and was issued and used in 1997. The fees are finance charges and late charges. Please help! Thank you.
Answer
Is the judgment againt you or both you and your husband?
If the judgment is just against you, the sheriff cannot seize any assets belonging to your husband. So if the car is solely in the husband's name, don't list it. Yes, list the house.
If this is for a credit card, you obviously did not pay. When was the last date of any payment to the credit card company before they sued? When were you sued? When was the judgment entered? What is the balance NOW on the judgment? Who sued you? The original creditor? Or a junk debt buyer?
When were you served with the exemptions? You have 20 days from the date that you received them to file them with the court. What do you want to do about the debt? Do you have the funds to resolve the debt?
Once a case goes to judgment, the creditors will still settle for less than the balance. Most will accept between 50% and 80% of the debt. If you don't have the funds, save up until you do have 50%, bearing in mind that the judgment earns interest at a rate of 8% per year and will get bigger. I am not a fan of making payments, either directly to the creditor or to the clerk of courts because you will be making payments on the whole amount.
If you have a lot of debts, then you may want to consider bankruptcy instead,
I can go over your exemptions with you for a reasonable fee. I also can help you resolve your debt if you have the requisite funds. Please contact me at [email protected]/* */ if interested.
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