Re: whychat,ladynred...NEED HELP on attorney placement pending letter
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Posted by LadynRed
(199.91.33.254) on May 27, 2003 at 18:12:50:
In Reply to: whychat,ladynred...NEED HELP on attorney placement pending letter posted by buffy on May 27, 2003 at 16:52:12:
1 - They can NOT do a thing to your husband's wages if the account doesn't have his name on it. DE is NOT a community property state. 2 - DE has NO homestead exemption.. which is bad news. However, with little equity or upsided down on it, they *could* put a lien on your home, but its unlikely as it would probably take longer than the term of a judgment for you to pay in enough equity. So, a lien would only be a problem if you had to sell your home at some point. 3 - Discover DOES sue, and they do it soon after charge-off, so you cannot ignore their threat. Even if you have nothing they can grab for, they'll likely get the judgment anyway and wait. Your joint bank account could be vulnerable to seizure, get your name off that account if you can. 4 - The car *could* be vulnerable, but unless its worth at least the amount of the debt and then some, its probably safe. 5 - Anything else, like personal property, would likely be safe too.. since your 'interest' in it would only be 1/2 and using garage sale value its probably not enough for them to bother taking anything. If/When they do sue, you need to go to court anyway, otherwise they win without a fight.. which is what they want anyway.
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