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Collections Law/Judgement proof?

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Expert: - 11/29/2011


Question
My wife is set for a day in court next week, Forster & Garbus sueing her for an unpaid Sears Citibank card.  Citibank being the only company I couldn't contact when I was out of work for 3 months.

She had no outside income; and the account is in her name only, not a joint account.  I am the only income earner.

Wouls she be judgement proof, or can they collect from my bank accounts as her spouse?  I am going to remove her name as joint owner of my accounts before the hearing.

Answer
New York is not a community property state so, if she has nothing in her name nor is working, she should be judgment proof.  That does not mean the court will not grant the judgment.  The judgment will be good for 10 years and will stay on her credit history for the full ten years.  Good luck with this.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

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