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attorney advise & summons


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Posted by peppy (216.106.90.20) on January 16, 2003 at 20:57:35:

Went to an attorney yesterday, regarding my husbands approaching court date regarding a debt remaining after a divorce and his exwife didn't pay off a car now the credit company is after him. We are in Missouri. Anyway the situation is we got married over two years ago, if exwife went delinquent on the car and because she can't be found they are coming after my husband. The balance is only $1500. My husband is primarily self employed, but does have a part time job that he recieves a check for. Everything we own, vehicles, home etc, is in both our names and the debt is from prior to our marriage.
The lawyer advises us to try to negotiate before the court date to get the debt down and pay whatever they settle for. He said that the only thing in this case they can go after is to garnish my husband check from his part time job. If everything else is in his and my name, they can't get it. The other options is to go to court and see what the judge does, with the down side of that being court cost and attorney fees will be added to the debt. The other option (not his recomendation) but my husbands desire is to not even appear in court. My vote at this moment is to have the attorney negotiate...however we still might not get anything done and be out his fee as well.
What is your advise?


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