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Expert: Creditwrench - 9/9/2009


Question
I defaulted on a credit card about a year ago and it was written off and sold to a debt collector. My husband knows nothing about this debt so I have all mail concerning it sent to my son's address in another city. After 2 phone calls and a letter from the debt collector I sent a verification request to them..I did not hear from them for 2 months and today there was a message on my cell phone to call them so they can send the answer to my verification letter. This sounded fishy since I have been receiving mail there for a long time....I am 73 years old and all the money I have is SS...My husband is on SS also and gets a small pension from a former job..We have a joint checking account only.. We own our home outright and I need to know if they can put a lien on it should they get a judgment.. Can I quit claim it to him? Would that be legal? We have one old car and one newer one..They are in both our names..Arkansas is a non-community property state, therefore my husband is not responsible for my debts? Can I have the newer put in his name only? I cannot afford an attorney, so please try and let me know what my rights are..I have researched everything I can online and this site is the best place I have found...Thank you kindly...Suzanne

Answer

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Yes, they can put a lien on your home if they get a judgment. They cannot even threaten to take SS money, let alone do it. Yes, you could sign it all over to him and get your name off the home. Yes, you can sign off the newer car. Of course, if you start putting everything in his name he will want to know why so you will have to tell him what the deal is. How much do you owe on the card?
Don't call them for any reason. Don't anwer the message either. Just ignore it. You gave them your address and that is where they need to send it. I'd say you need to start learning about FDCPA and how to win in court without lawyers if you haven't already done so.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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