Hello, I will be paying the 3K cost for my husband’s Chap. 13 Bankruptcy. We have two small children, one is disabled, I’m not working right now. I have been thinking of putting a public notice in the paper stating that, from here on in, I will not be held responsible for any debts he may incur. What do you think?? Would this stop creditors from attaching the assets I have left?
I doubt it. If you are married, they will try. BUT, if you can convince him to sign a post nuptial agreement, which it sounds like he might refuse to do so given his recent actions and behaviors, you can then file that with all the credit agencies AND any credit card company he opens an account with stating that you will not be liable for his debts. I would double check and see if it will hold up in your state.
But they won’t get a cent from me as long as I can help it. I’ve paid out enough. I even took a loan of 500 dollars to make another payment. I asked a lawyer I know about this (since it’s really been troubling me, obviously). His reply was “Under the New York Domestic Relations Law a married woman’s property is considered her sole property as if she were not married and not liable for her husband’s debts.”
I don’t know, of course, whether other states have differing laws regarding the property of women. At least I won’t have to throw myself on his funeral pyre (I don’t mean to offend anyone but that is one custom I could not accept, personally.)
Recently my brother got a letter asking him to court for a credit card debt from like 4 years ago… it was originally like 800 dollars and he had not been able to pay due to a car accident that had him disabled for over a year… they also had charged him insurance on his card and then denied paying it when he needed it as they said it does not cover the self employed… but yet they sold it to him in the first place… anyway the letter was a court summons and it said if he paid like 500 before the court date they would cancel court…
I am not really worried about court either, as if and when they ever get my fiancee to court, hey if the judge wants to garnish a part of his lousy 500 a week take home pay for the rest of his life, let them. What can they take from that? ten dollars? and i think in florida where he will be a resident, i think he may be somewhat protected from wage garnishment…
and wow that is nuts that the new debt company was raking you as bad as the original… geez.
I wonder if they would really take him to court over such a small amount. Does the letter have an actual date to appear in court ? Is it from a collection agency that could be trying to make the letter look like an official court document?
Selling that useless insurance to your brother sounds like another dirty trick I have heard the credit card co’s will try to play.
You may be able to find out more info about wage garnishment in your state by doing some google searches.
I should have been more aware of what was going on with that debt agency I was paying. I was so scared though. The guy at the collection place knew that too and that made it all the more easy for him to pull the wool over my eyes.
There is a lesson in all of this: Fear not! Fear can prevent one from looking at the situation clearly and make a bad situation even worse.
yes it was from our local court I read it myself a real appearance court date etc it said to call if you wanted to pay first and it was like half of what was owed, it had real lawyers local etc.. so someone bought up old accounts and was really going after folks it has been at least 3 years since his accident when he couldnt work and owed that bill… the ones who buy up the old debt probably figure the smaller ones are easier to collect on as some folks may actually pay to make u go away. I m not sure but I think he was going to pay it as he lives 5 states away now and would not want to go to court…. cost more to get there.