Credit Card Judgement and Husband's Possessions

by Cindy
(New Jersey)

I have a credit card judgment from 2009 for 2000. I do not have a job. My husband has a job and everything is in his name only, always has been that way including the car, bank account and house. He has no other assets.

We live pay check to pay check. My question is I've heard that the debt collector can send a sheriff to your house to get furniture from you. Can they do that even when i did not pay for anything in the house? The debt is not in my husband's name.

I have already filed for chapter 7 back in 05 so that is not an option. Is there anything else they could try to do? I live in New Jersey.

Thank you.

Comments for Credit Card Judgement and Husband's Possessions

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Jun 09, 2011
Your credit card debt and your spouse's property
by: DebtCollectionAnswers.com

Cindy,

Once a creditor or collector gets a judgment against you, state law will determine what they can do to collect against you. We aren't attorneys so we can't give you legal advice with regard to this debt.

Generally, though, creditors can't go after a spouse's separate property to collect the other spouse's debt unless they live in a community property state. In addition, in every state there is property that is "exempt" or protected from creditors.

At the same time, our sources indicate that in New Jersey, judgment creditors have an automatic lien on property after a judgment. (Again, this is educational, not legal advice.)

Although bankruptcy may not be a good option for you, it wouldn't hurt for you to at least talk with a bankruptcy attorney to find out what property is safe and what may be at risk. You will feel a lot better knowing what they can and can't do to you to collect.



Jun 09, 2011
Spouse's responsibilty
by: Becky

Were you married in 2000 when you accrued the debt?
Do you live in a community property State? In non-community property states each spouse is responsible for their own debt unless it is a joint account. Do you know your state laws for assets protected from judgement? For example, up to $2000.00 in a savings account in my state is protected from judgement, anything above that amount can be taken.

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