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QUESTION: I voluntarily turned my car in to the bank. When the cost to put my 4 kids in daycare and pay my car payment became more than I was bringing home, I had to quit my job. The bank sold the car and have now sent me summons for the debt I owe them. I am supposed to respond...but I don't know how. I'm also curious as to if they can garnish my husbands wages. He is not on the promissory note. I just don't know how this works. Any advice or help you can give me is greatly appreciated.
ANSWER: Whether or not they can garnish your husband's wages depends on what state you live in and since i don't know that I can't answer that part of your question. If you are not working and have no income they will probably figure out a way to force you to get the money from your husband one way or another even if they can't garnish him.
How to respond is really rather simple. I can teach you how to do that easily. But more importantly, regardless of what you do your chances of winning in local courts are slim to none.
In order to win you will need to take them to federal court and become the plaintiff. I can teach you how to do that and you won't even need to hire a lawyer to do it.
If you don't do what I suggest you will end up with a judgment and a very large amount of headaches until you and your husband figure out how to pay them and then deal with the dings on your credit reports as well. If you do what I suggest you might even be able to force them to pay you instead.
The choice is up to you, of course.
---------- FOLLOW-UP ----------
QUESTION: I live in Charlotte, NC. What can you teach me?
What can I teach you? I can teach you how to properly prepare all the paperwork you will need to fight in local court and how to prepare the paperwork needed to take them to federal court which is the only realistic way you have to win.
In the meantime you need to make sure that your name is off all bank accounts and vehicles. Everything only in your husband's name. Insulate him completely from your troubles until you can get this thing resolved.
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Answers by Expert:
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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