Re: need some advice b-4 court date Oct 7th

Posted by CAK (66.140.213.81) on October 06, 2003 at 00:17:35:

In Reply to: Re: need some advice b-4 court date Oct 7th posted by quickfire on October 05, 2003 at 23:55:16:

The process is way too complicated and you simply don't owe enough money to them, for Cap One to attempt garnishment of your Tax Return. It is not likely they would ever get a response from the IRS any way. As for your vehicles, that are in your wife's name, they will not be able to seize any vehicles from your wife, because they don't have judgment against her. If they can't garnish your wages, they will probably just sit back and wait until something shows up in your name. Be careful as far as your bank account goes. If both your names are on the account, they may attempt a garnishment of any funds that came directly from you. However, they will not be able to seize any funds your wife deposited. Remember they know where you bank because, you probably have been making payments by check. This judgment will follow you around for many years. Make sure you check out your states SOL. You may also be able to use the defense that you are Judgment Proof in that you have no income at the present time and no assets. If this judgment is coming from Small Claims court, they will not be able to lein your home. However, if its from Circuit Court it may be an automatic lein on your home. They will not be able to force a sale of your home. You should check out your states statutes so you will know for sure as some states are different.

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