jpmc

Citation to Discover Assets to a Third Party

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I happened to be at my parents house yesterday (friday june 9) and opened up what seemed like a innocent white envelope addressed to me.   Turns out it is a Citation to Discover Assets to a Third Party.  The third party is US Bank, where I have my personal checking and savings account.  Both have either been frozen or cleaned out by Asset Acceptance, I have recently discovered.  The court date is this Tuesday (June 13) I cannot make this court date, but need information hopefully by Monday so I can figure out what to do.  This is really difficult with it being a weekend!

The debt is over 10 years old, I have no property or hidden money for them discover, and what little I do have is in a joint account with my wife, with a different bank.  We have a child and make equal to or less than $45,000 a year and have plenty of other bills.  I am considering bankruptcy.  Also, the Citation says if I don't show to court I could go to jail!?

Any advice is welcomed.

Thanks 

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This is a debtors exam where you have to disclose all assets including that joint bank account.  Get your name off it IMMEDIATELY so they cannot seize your wife's assets to cover your debt.  If you don't go to the court date you can be sent to jail for contempt that is correct.

First thing Monday contact a BK attorney and find out if this is the best option for you to deal with this and your other debts.

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Thank you! I will head to the bank asap. What about this Rule to Show Cause? Could I use this to buy some time and get my ducks in a row? Could I then explain I didn't show up the first time because of how I was served the Citation?

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23 minutes ago, jpmc said:

What about this Rule to Show Cause? Could I use this to buy some time and get my ducks in a row? Could I then explain I didn't show up the first time because of how I was served the Citation?

You are going to need to discuss all of that with a good consumer attorney.  Once they get a judgment and are going for a debtors exam jail is a real possibility and you cannot afford to get this wrong.

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