Expert: Barnette Law Offices, LLC - 12/8/2008

Question
1.  If a credit card is in my name and the consumer credit tranaction summons is only presented in my name, can the credit card garnish the wages of my spouse?  Is there any way to defeend against this?  
2.  Is there any way to challenge the right of a collection company to sue on a debt that was never originated with them?  
3.  What is the best way to proceed and file a response?  

Thanks,

TJR

Answer
Mr. Roberts:

1) No, unless you're in a community property state.  However, if you have a joint checking account, they can levy it.

2) Yes, if they cannot produce the right of assignment then you can move to strike the Complaint.  An aside, an affidavit isn't sufficient proof of anything unless the affiant appears for trial.  It is hearsay.

3) File a Motion for a More Definite Statement wherein you request the above information in paragraph two.  If you're in Tennessee, feel free to us at Barnette Law Offices, LLC.  Ask for Attorney Jason Barnette.

Jason Barnette, Esq.
Barnette Law Offices, LLC
http://www.barnettelawoffices.com
615-585-3885