sharhack49 Posted August 6, 2003 Report Share Posted August 6, 2003 My husband has an old credit card debt which he has paid on for 6 years and I helped for a year. He has more than paid it off. But their interest and finance charges are so high that it didn't go down ever. MBNA is the card holder. He had it before we were married and maxed it out($2500). He had back surgery and has not worked for over 2 years. I have not been able to pay on it for a year. The credit agencies call constantly. Today they told us they were taking us to court and would try to put a lien on my house. The house is in my name and has been since before we were married. Can they do this? Link to comment Share on other sites More sharing options...
sisflomi Posted August 6, 2003 Report Share Posted August 6, 2003 Its going to depend on what state your in. In most cases, they can't touch your property at all if its not your debt. Link to comment Share on other sites More sharing options...
ADSOFT Posted August 6, 2003 Report Share Posted August 6, 2003 My husband has an old credit card debt which he has paid on for 6 years and I helped for a year. He has more than paid it off. But their interest and finance charges are so high that it didn't go down ever. MBNA is the card holder. He had it before we were married and maxed it out($2500). He had back surgery and has not worked for over 2 years. I have not been able to pay on it for a year. The credit agencies call constantly. Today they told us they were taking us to court and would try to put a lien on my house. The house is in my name and has been since before we were married. Can they do this?Did you make any payments and/or sign any contracts with the CA???Also in some states community property laws my get you in trouble with spouses debt. Link to comment Share on other sites More sharing options...
LadynRed Posted August 6, 2003 Report Share Posted August 6, 2003 Even in a community property state, the property would be considered separate. It was hers before they were married and as long as his name is not on the deed, they CANNOT touch it for ANY reason.What state are you in ? Link to comment Share on other sites More sharing options...
ghacorp Posted August 7, 2003 Report Share Posted August 7, 2003 If this were me I would stop making payments and just wait for a summons to show up at the door. It is NOT likely MBNA will be suing you given what you told the collector who would NOT likely be authorized to initiate litigation against you anyway. First, a local firm would have sue you to obtain a judgment, then afterwards seek to place a lien on your property. Also, recently MBNA has been selling off uncollectable and doubtful accounts rather than assigning them unless the probability of collecting is good and/or a debtor has really pissed them off! MBNA would rather liquidate bad debt so the balance sheets look more favorable to Wall Street and furthermore, pursuance of people unable to pay due to hardship doesn't bode well with their corporate image. (MBNA is headquartered here in Wilmington and I don't have to go far to get answers to questions or a heads-up on what's happening on the inside!) Link to comment Share on other sites More sharing options...
cha0sman Posted August 7, 2003 Report Share Posted August 7, 2003 My husband has an old credit card debt which he has paid on for 6 years and I helped for a year. He has more than paid it off. But their interest and finance charges are so high that it didn't go down ever. MBNA is the card holder. He had it before we were married and maxed it out($2500). He had back surgery and has not worked for over 2 years. I have not been able to pay on it for a year. The credit agencies call constantly. Today they told us they were taking us to court and would try to put a lien on my house. The house is in my name and has been since before we were married. Can they do this?it depends upon your state...if it is a community property state...then yes. but they have to get a judgment against you first. Link to comment Share on other sites More sharing options...
nexus1467 Posted August 7, 2003 Report Share Posted August 7, 2003 From what I understand, If you live in the great state of Texas, Texas has TOTAL homestead exemption that would protect the property. I anyone knows different, I would like to know. Link to comment Share on other sites More sharing options...
LadynRed Posted August 7, 2003 Report Share Posted August 7, 2003 I have to butt in here again .. and to disagree.Just because you live in a community property state that does NOT mean that ALL property is part of the 'community'. There are provisions in community property laws for SEPARATE PROPERTY, and in the OP's case, it would be considered separate ! Since the poster does NOT live in a community property state (OH), then the property is beyond the reach of any judgment creditor. Community property is not absolute, by any means. If it was yours before you were married, then it stays yours and ONLY yours AFTER the marriage as well. To further uphold the separate property status, couples can file sworn affidavits confirming separate property.As an aside, too many scum collectors will try to tell married people, even if they're NOT in a community property state, that a spouse is automatically responsible for the debts of the other SIMPLY BECAUSE YOU'RE MARRIED. Nothing could be further from the truth, but, sadly, people believe this crap !! Link to comment Share on other sites More sharing options...
Recommended Posts