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Question
i am being sued over an old credit card the account has been closed for about 3 or 4 years I am currently not working and am on Medical disability which i receive a check from an insurance company each month as long term disability my husband which is not attached to the card at all I had it before we were married is also not working. is there anything this collection company can do? can they garnish my disability checks for my husbands unemployment for this old debt?
Stacy:
You did not send this question to me, but I see that no one has answered it. It was sent to the question pool for anyone to answer it. I hope this helps.
If the debts were incurred in your name and entirely before your marriage and the account was closed before the marriage, your husband is PROBABLY protected. State laws have a play in this, so I cannot answer that for certain. Even if they can go after your husband, unemployment wages can be exempt from garnishment. The amount of the exemption also varies by state. Some states allow these wages to be garnished, others do not, some allow a certain percentage or certain amount over a fixed limit. Federal law allows protection of up to $155 (I think) per week to be exempt.
However, your medical disability is fully protected from garnishment.
You should also verify the statute of limitations in your state. If they filed the lawsuit after that statutory date, you have an affirmative defense to the lawsuit. They cannot get a judgement if you show up and point this out to the court.
If they are granted a judgement, the judgement will go on your credit reports and stay for a LONG time (depending on the state again) even after it is paid. They creditor can pursue collecting the judgement including garnishing of wages (subject to some limitations described above), placing leins on real estate, attacking bank accounts, and confiscating certain personal property. You have rights and there are some exemptions in all the above collection techniques, but they are all possible.
Hope this helps. Wish I had better news. Good luck.
Regan
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Answers by Expert:
Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.
Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials
BA University of Minnesota
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