Goody_Ouchless Posted January 4, 2015 Report Share Posted January 4, 2015 Since KS in not a community property state and the card appears to be in hubby's name, I think ex is safely out of the picture. The question that a lawyer can answer is if they can separate your spouse, or if they can not take his money as it is now considered shared with you. For arbitration you would need to find an old HSBC agreement. I've read that there is a 2006 version with JAMS, but I haven't seen it. The question is if they would follow for almost 7K. Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 Since KS in not a community property state and the card appears to be in hubby's name, I think ex is safely out of the picture. The question that a lawyer can answer is if they can separate your spouse, or if they can not take his money as it is now considered shared with you. For arbitration you would need to find an old HSBC agreement. I've read that there is a 2006 version with JAMS, but I haven't seen it. The question is if they would follow for almost 7K. I am trying to find an agreement online but my husband cannot remember what kind of HSBC card it was.... premier, platinum, etc... the agreements that I have found are all different depending on which type of card it was Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 4, 2015 Report Share Posted January 4, 2015 For arbitration, the trick is to just find an agreement with terms that you like and use that. You want one that specifically mentions JAMS to handle the arbitration. Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 When searching for the HSBC card agreement, would I be looking for the one from 2009 when the account was charged off? Or would I look for one from 2007 when the card was opened? Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 For arbitration, the trick is to just find an agreement with terms that you like and use that. You want one that specifically mentions JAMS to handle the arbitration. Ok I am searching I hope I can find one. Does it need to match the particular card that it was like premier, platinum etc? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 4, 2015 Report Share Posted January 4, 2015 Try to find any one from 2007. Particulars shouldn't matter. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 4, 2015 Report Share Posted January 4, 2015 I do not see how they can put a judgment against me since I was not with him at the time that this debt was made or even charged off. That was before community property anything should have kicked in. They are going to have a hard time getting anything out of me because you cant get blood from a turnip. I do not work and instead go to school and am a stay at home mom to my kids. Arizona is a community property state. What is his is yours, and vice versa. His wages belong to you as much as they do him. Since a creditor cannot take anything away from you without a court judgment, they cannot take his money (because it's also yours) unless they have a judgment against both of you. This is the statute that dictates this:A.R.S. §25-215 D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation. The fact that the debt was incurred prior to the marriage, causes this statute to further control your situation: A.R.S. §25-215B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.What this says is that the community is liable for his pre-marital debt, but only his contribution to the present community can be levied. In other words, anything he would have if he were not married to you is fair game. His wages are in that category. Your wages and separate property are untouchable. Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 I have found a agreement from 2006 could I possibly use that one? It does have JAMS in it. If you look at the Consumer Financial Protection Bureau's website they have all the current agreements with the card companies on file. The agreement on file with them from HSBC for 2014 is dated 2013...so could they possibly run one year behind so this 2006 agreement could be the one they would have used for the 2007 card? Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 I think I also just found a 2008 HSBC agreement that has the same JAMS verbiage... but still no 2007 Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 I think I also just found a 2008 HSBC agreement that has the same JAMS verbiage... but still no 2007 Sorry correction the 2008 agreement says AAA on it ... Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 4, 2015 Report Share Posted January 4, 2015 Yes, use the 2006 one. It looks like that would have been in force when you opened card. Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 Yes, use the 2006 one. It looks like that would have been in force when you opened card. Am I allowed to post the agreement for you guys to review? I just want to make sure that it will in fact work? Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 Here is the Arbitration part of the agreement that I found from HSBC Bank Nevada from 2006. I tried to make it big enough so that it wouldn't be hard to read. So now it is big enough to read but the formatting is a little funky...sorry about that. Arb Agreement.docx Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 4, 2015 Report Share Posted January 4, 2015 I want to reiterate that if you elect arbitration you could waive your objection that Midland's lacks standing. They will argue that by electing arbitration you agree they are a party which means they own the debt. 1 Quote Link to comment Share on other sites More sharing options...
Mommyof3D's Posted January 4, 2015 Author Report Share Posted January 4, 2015 I want to reiterate that if you elect arbitration you could waive your objection that Midland's lacks standing. They will argue that by electing arbitration you agree they are a party which means they own the debt. I am going to reach out to the attorneys that yourself and others have recommended to me and see what they say. Hopefully they will know a loophole or something that can help us out. Quote Link to comment Share on other sites More sharing options...
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