Legal Question in Credit and Debt Law in California

Probable Judgement: Is My Mate Safe & Exempt??

Hi,I'm married and my hubby and I filed BK about 4 years ago. We own a home together, and after the BK..I was thrilled to recieve an offer from Providian for new credit.My intentions were A1 at the time, but since I hadn't changed my lifestyle yet after the BK, I was soon in another mess...since I shop to alleviate various forms of pain in my life.My husband did not apply for this card, but I did. He is employed, I am not, and soon after I lost my last job, I couldn't afford the $100+/month payment. I offered them what I could give them and it wasn't satisfactory...which I don't blame them, but after that...I put my head in the sand...felt stupid....and now the account has gone to Eskanos & Alder.I'm expecting to be sued, but I want my husband's job, etc. left out of it since it isn't his fault.Can they put a lien against our home since my name is on it too?,Can they take our personal property, or attach his wages?I'm not on his checking account, but I am on the mortgage.Please let me know...and their interest charges are another 1k and growing, I don't know whether to contact them or not. Should I file a quitclaim deed for my husband to protect his house?Any advise you can give would be gratefully recieved!Thank you very much!


Asked on 10/20/03, 11:53 pm

2 Answers from Attorneys

Siamak Pishvaee Pishvaee & Bavar

Re: Probable Judgement: Is My Mate Safe & Exempt??

Eskanos is a pretty big collection firm in CA so odds are you will get sued. If they get a judgment against you the community assets and your assets will be subject to lien/seizure. The good news there is a way to fight these suits. Please feel free to contact my office if you need representation. 310-444-3020

Read more
Answered on 10/21/03, 3:04 pm
Reza Bavar PISHVAEE & BAVAR

Re: Probable Judgement: Is My Mate Safe & Exempt??

Eskanos is a pretty big collection firm in CA so odds are you will get sued. If they get a judgment against you the community assets and your assets will be subject to lien/seizure. The good news there is a way to fight these suits. Please feel free to contact my office if you need representation. 310-444-3020.

Read more
Answered on 10/21/03, 8:19 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California