Legal Question in Credit and Debt Law in California
Summons for judgement, and release of info to outside party.
I recently recieved a summons for a judgement for a credit card, prior to recieving summons they sent someone to my old residence, and disclosed information to the current resident, telling them about the money owed, and so forth, first is that legal? Second, if the judgment is found in their favor can they force me to sell my house if it was recently purchased, and it was purchased as a co? Or can they ganish wages, etc if I am currently on disability due to pregnanc?
1 Answer from Attorneys
Re: Summons for judgement, and release of info to outside party.
If the disclosure was in connection with litigation, it would be privileged. If a judgment will be entered against you, a creditor may take all legal steps to try to collect it, including attaching bank accounts, wages, etc. You might apply certain exemptions for hardships, Social Security payments, etc. You would need to consult an attorney. Also, you might look into whether a Chapter 7 bankruptcy might be right for you, given that you seem to be way behind in at least one credit card debt.
As for the house, there are also exemptions one can take. However, if you are flush with equity, you might want to find ways to resolve this matter with the creditor.
Finally, do NOT ignore the summons and complaint, unless you're willing to risk the judgment that undoubtedly will grow with interest if it were to remain unpaid.