ANSWERS: 2
  • The law varies by state, but the credit card company is entitled to collect assets to satisfy the debt. For example, if you have a home they can put a lien on it. If you have money in the bank they can clean out the bank account. If you have a job, they will garnish your wages (note: the amount they are allowed to garnish varies by state, but generally 25-50%). If you have your own business, they can order a till-tap. This is where the sheriff stands at the cash register and every time someone buys something from you, the sheriff takes the money and gives it to the credit card company. It is quite effective because it is bad for business, so it forces the debtor to pay up. There is one caveat to this. Every state has a homestead exemption that protects certain assets from being taken. For example, California’s exemption says that $150,000 of equity in a home can be protected against creditors. What is protected varies by state, but some states provide protection for cars, paintings, or even cattle. Can they go after your assets (as opposed to just your wife’s)? Well, if the credit card was only in her name, then no. However, if you live in a community property state then half of everything you earn is hers. Thus, some assets that you think are just yours may actually be partially hers. Just so you no, the credit card company will be able to charge your wife for any costs related to collection and interest. Therefore, you may want to settle this debt with the creditor. Many people spends years hiding assets to avoid collection, only to be caught later owing ten times as much. If the credit card company cannot get any assets from your wife after the court appearance, you may want to contact them and negotiate a settlement. They would rather settle for 25% of what your wife owes then spending years (and much money) trying to collect a debt that may never be recoverable.
  • i was sued for credit card debt and lost. is my ex husband we are still legally married still. can they go after him even though debt is under my name i live in california

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