Re: Are you "judgment proof"?? - WhyChart

Posted by WHY CHAT (12.78.9.76) on December 06, 2003 at 09:03:05:

In Reply to: Re: Are you "judgment proof"?? - WhyChart posted by Indebt on December 05, 2003 at 21:51:20:

As I said before, send your answer in with any and all possible defenses.

Remember, they are going to have to produce the account records and signed applications, together with proof of the accuracy of their claims.

Given the information you have posted, unless they can show where YOU signed on an application for credit that defaulted in 2001, and your husband signed an application for credit that defaulted in 2001, and there is a complete accounting of interest charges, added fees etc.,and those interest charges are WITHIN the NC usury limits, and included an agreement to pay for legal fees etc. and on and on.They would have to get records from MBNA that probably do not exist.

Even IF they obtained a judgment against you and/or your husband, they would still have no reasonable way of enforcement, as there is no wage garnishment in NC.

However, as a precaution, you should immediately change your bank accounts to another bank, and put them into a joint account with another family member(someone you TRUST) as primary on the account, with their ss #.

This will prevent W & A from freezing your bank account.

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