Legal Question in Credit and Debt Law in Kansas
Judgement Summons
I received a Summons yesterday for a judgement on a credit card debt in the amount of $5,500+. I have several o/s credit card accounts that have to be dealt with due to online gambling problem, but this is first judgement summons I have received. I have ignored collection notices & calls hoping they would ''go away''. I am married, with no assets in my name. We are self-employed as LLC with myself as Vice-President. Can I call to settle the debt now or is too late? Can they file a lien against our real estate propery once judement is rec'd? I believe KS law requires wife to be on deed, but he is only one on mortgage. Can I give him a deed to protect our real estate property? Should I consider filing--name removed--R in my name only, since all bank accounts, assets, autos, etc. are in his name? Must I attend the judgement hearing, and would it help? Can I stop it by calling attorney. My only source of income is our home business. Husband is a pilot and w/o his skills their would be no income or books for me to manage. Is our LLC protected as this is the only place my name appears. Just not sure how to proceed. Have other physical & mental problems that come into play. Would a judge take that into consideration? Thanks.
1 Answer from Attorneys
Re: Judgement Summons
I or you are a bit confused by the terminology you used in your posting. If you got a Summons, that means you are to come to court, but no judgment has been taken against you yet. You should not ignore the Summons. You may contact the attorney listed on the bottom of the Petition you should have recieved with the Summons. Perhaps you can make payment arrangements, so that Judgment need not be taken.
First you should consult with an attorney of yor own, so that they can view all the documents relevant to this case. Perhaps there are defenses that you are not aware of. If you ignore it, the Petitioner (plaintiff) will take judgmetn against you. You will have dificult time correcting it if it is for more thatn you really owe. They can then make that judgment act as a lein agaisnt your real property. they can bring you into court to tell them under oath all the assets you own. They can execute on those assets, including your interest or salary from the LLC.
Good Luck. Consult a live attorney. Don't procrastinate.