Legal Question in Credit and Debt Law in California

I was served with a limited civil complaint for $2,100 (credit debt). I have not responed yet. I've tried to work something out with the creditor but they demand 35% up front. I told them I don't have 35% upfront but can make payments---they refuse. Can they do that? Can they attach me and husbands bank account and take and sell our house? We are barly scaping by. The credit card is in my name only. this is under collections rule 3.740 thanks P


Asked on 8/17/09, 3:31 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Collections rule 3.740? I'm not sure what you're referring to.

Of course they can refuse your offer of payments. You owe them money on a credit card, if you can't make payments according to the terms of the credit card agreement, then really you have no defense to the lawsuit. I'm sorry. And yes, after they obtain a judgment against you, they can levy on your bank account and possibly force to sell your house if you have sufficient equity in it above the homestead exemption amount. Even though the credit card is in your name only, it's a community debt if you used it to incur debts for necessaries of life for you and/or your husband or for things that benefited both of you. In that case, community properties like the bank account and the house (assuming they're not his separate property) would be liable. Bankruptcy may be an option for you to look at.

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.

Read more
Answered on 8/17/09, 7:22 pm


Related Questions & Answers

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