Legal Question in Bankruptcy in Georgia

garnish

My Ex-Boyfriend used my credit card, after I stopped using it , as I couldnt pay the bill. I wrote the company explaining my situation,and then I began to get phone calls all hours of the day to pay what I owed ,even after I explained the situation.My Ex who was not working at the time because he had Hepatitis C and was undergoing treatment, so I was the only one making an income. I then lost my job due to having to take care of My EX so much, so I couldnt pay....so after almost a year of no job , Steve finally recieved a clean bill of health, he refused to find work, so I left him. I was living in Hawaii at the time , I returned to Georgia, and 7 months later found a job, and started to rebuild.I've been back stateside almost 3 years now, and then 2 weeks ago I recieve my check with a garnishment on it.No papers beforehand to let me know this was going to occur.I was served papers in Sept.2006 about the credit card in which I wrote to the attorney the situation, and didnt hear a thing from them until I recieved my paycheck in March 2007.I am now married and being stuck with garnishment from my Ex using a card online,and whatever else without my knowledge, and I would like to know what steps I can take to clear my name.


Asked on 3/12/07, 11:28 am

1 Answer from Attorneys
Jonathan Ginsberg Ginsberg Law Offices, P.C.

Re: garnish

If your ex-boyfriend used your card with your permission, you are legally responsible for paying the bill. In the answer to a lawsuit, you could bring him into the litigation but it is unlikely that a judge would absolve you of liability.

IF you were not served with the lawsuit, you could "collaterally attack" the judgment and get the default reopened. The problem - if the plaintiff therea after properly served you, you would end up with a judgment anyway.

This might be a situation where you may want to look at bankruptcy as an option to eliminate the debt.

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Answered on 3/15/07, 10:33 am


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