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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Credit Card Debt Summons

    My question involves collection proceedings in the State of: FL

    Due to this economy and health factors I have defaulted a number of Credit Card Debts. I have now received my first (of I'm sure many) "Summons" to appear. This one is a pretrial conference.

    I understand that if I do not go, I can lose by default (summary judgement). If I do go - I will have to state the truth which is yes I owe the money and no I cannot pay. No ability to set up a schedule as no idea if/when I may earn money again.

    Two Questions: One: If I go, I will lose, If I don't go, I will lose. Why do I spend the time and gas money, parking, etc to go to the courthouse to lose either way? Can I or will be found in contempt of court and be looking at a criminal record if I just don't go? The question really is - Do I bother?

    Second Question: All my credit card debt is in My personal name. Any assets that I may or may not own is in the joint name of me and my wife? Can this type of judgement attach to a joint asset?


    In retrospect, I wish I defaulted sooner instead of using up the last of the savings to pay as long as possible. If I had any cash - several of the companies have offered to settle for about 30%.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Credit Card Debt Summons

    If you don't go to court, the only thing that will happen is that they will get a default judgment against you.

    If they get a judgment against you, they can seize all non-exempt assets that your state allows that are in your name only or are jt. assets that have your name on them. Since Fl. is not a community property state, they can't seize assets in your wife's name only.

  3. #3
    Join Date
    Dec 2009
    Posts
    8

    Default Re: Credit Card Debt Summons

    Might be a good time to consider filing for bankruptcy. That will stop all proceedings..

    I just made it past 10 years in August for my bankruptcy and I now have an 800+ credit score. It takes time, but you can and will recover if you work at it. I discharged $250,000.00+ just in Taxes Penalties and Interest against the IRS and about 50K in other debt. No way I could have dug my way out of that without bankruptcy!

    Good luck my friend and keep us informed of your progress and results.

    ITADMIN

  4. #4
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Credit Card Debt Summons

    Quote Quoting Betty3
    View Post
    If you don't go to court, the only thing that will happen is that they will get a default judgment against you.

    If they get a judgment against you, they can seize all non-exempt assets that your state allows that are in your name only or are jt. assets that have your name on them. Since Fl. is not a community property state, they can't seize assets in your wife's name only.
    On this first one, I will probably go to court to see what its all about. But my next question centers upon above.

    FL is not Comm prop but it is a Tenants By the Entirety which I though should protect my wife and I's joint assets from MY solely debts? Is that not a true thought!

    Read online (so of course its true!!!! sic)

    A TENANCY BY THE ENTIRETY allows spouses to own property together as a single legal entity. Under a tenancy by the entirety, creditors of an individual spouse may not attach and sell the interest of a debtor spouse: only creditors of the couple may attach and sell the interest in the property owned by tenancy by the entirety.

    http://law.jrank.org/pages/10718/Ten...-Entirety.html

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