Legal Question in Credit and Debt Law in Virginia
If debts are in my name,can the crdeeitors come after my husbands assts, such as car and motorcycle? What about furniture free and clear of debt, we both paid for, or a house with maybe $100K in equity in my name, but both living in? I can not afford an attorney. Awaiting settlement for motorcle accident (sandwiched between semi and car stopped at a wok zone), but it will be too late to stop the updisde down mtgs on rentals in my name - foreclosures and credit card companies - in my name who say they are taking me to court. I can not put the house in his name as he can't get the loan. I am hopefully going to be getting disability, if that helps. Can they feeze bank accounts in both names? If so we will close and open in his name. Surely they can't garnish his wages for my debt? Can they garnish social secuirity? Student Financial Aid? I think I need an account for social security benefits. If I open a savings account for that, in my name, can they touch it? Also, since proceedings haven't started, if they can't touch his stuff can I put my good car in his name? have 2 in mine and none in his, only a motorcle. The only other car is one in both our names, upside down in value, son makes payments on and drives. But a disable Iraq vet, so can't get in his own name, will they count that as one of my cars? Or should I put 1 aid off car in husband's name, one in son's name and leaveone with no equity and payments in my name? All under same insurance. Help plz.
1 Answer from Attorneys
They can certainly try, but generally speaking, third parties are not responsible for your debts unless a contract says so.
You really need to consult an attorney about all this and how to protect yourself. At a minimum, you may need an account they can not find or access.
Good luck.