credit card garnishment

by vicki
(lawrence kansas, douglas county)

i have been dissabled since 2006 and owe a lot of credit cards, if my husband and i get a income tax return can credit card company take the money out of my husbands account even if my name is not on the account?

Comments for credit card garnishment

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Dec 02, 2010
Credit card debt
by: Mary

It's unclear from your question as to whether or not the credit card debts you owe were incurred in just your name or in the name of you and your husband. If they were incurred in both of your names, the creditors could go after the money in your husband's account because the two of you are equally liable for the debts. They could also garnish any wages you or your husband may earn. However, the credit card companies would have to sue you first and get a court judgment for the money.

If you are the only person who signed for the credit card debts, then your husband is not legally liable for those debts because Kansas is a separate property state. (However, if you were living in a community property state -- Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin-- when you incurred the credit card debt, your spouse may be legally liable for the debt, in which case the creditors could look to him as well as you for payment.)

If you are overwhelmed by credit card debt there are better ways of dealing with the situation than waiting to see what your creditors may do to you. For example you may want to approach your creditors about settling your debts for less than the full amounts that you owe to them. You can try to settle your debts yourself or you can work with a reputable debt settlement firm. Click here todebt settlement podcast.

Another option is to consider filing for bankruptcy. Depending on the details of your financial situation, you may be eligible to file a Chapter 7 liquidation bankruptcy, which would wipe out most of your debt, or you may file a Chapter 13 reorganization bankruptcy, which would give you up to five years to pay what you owe and might also reduce the amounts of some of your debts. A bankruptcy attorney can tell you if you are a good candidate for bankruptcy and if you are, which type of bankruptcy you qualify for. Click here for a free consultation with a bankruptcy attorney.

Bottom line, you have options for resolving your debt problems and it's far better to explore those options than allow your creditors to sue you and then get the right to go after your assets or garnish your wages.

Best of luck resolving your debt problem.

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