Legal Question in Credit and Debt Law in Indiana
Summons to appear in court for reposession
In 2003 my car was reposessed. I moved out of town and got married a year later. I have not worked in 4 years I don't own any property or vehicles now. My new husband owns our house and car. Just last week I received my summons to court for this matter. I want to know what my options are in getting this resolved without involving my husband. I didn't even know him when my car was reposessed. My husband was laid off of work over a year ago but receives a SUB pay from his employer. This is our only income and we also have two children under our roof.
1 Answer from Attorneys
Re: Summons to appear in court for reposession
Your husband has nothing to do with the debt and cannot be made responsible for the debt. You can quit worrying about that. If you do not answer the summons, you will get a default judgment. Since you have neither income nor assets of your own, you may very well be judgment proof. For what is judgment proof, read my article at http://haslerlaw.blogspot.com/2008/04/collections-law-judgment-proof-what-is.html
There may be some defenses to the repossession but you would need to talk to an attorney about those. This forum is not best for detailed work.