In financial ruins....please advise?

Question

No excuses, I probably have the worst credit history ever. Credit company has summoned me to court for past due bill. 5 to 6 yrs old. Court date not until Feb '07. Is there any way I can take care of this without involving my now husband????

I was not married to him when the debt(s) occured......does that make a difference??

Oh I have told him. He knew when he married me that my credit was ruined. I just don't want my past to ruin his credit.

Jonny Ringo. We don't own any real estate. We rent our home. What would they do then?? Is that still an option?

Answer 1

Call the attorney's office representing your creditor. If you have a balance in full that is owed, you can pay them off and have the lawsuit dismissed. Ask them if they will take a settlement, if so make an offer of a lump sum to settle. If you can do neither of these things then see if it would be possible to enter into some type of consent judgment. This would be where you make voluntary payments on the bill until it is paid off. Your creditor would secure the debt with a judgment, and a judgment lien against any real estate you own, but not garnish any paychecks, or bank accts, as long as you made the payments each month without fail.

REGARDING YOU RENTING - A PROPERTY LEIN WOULD NOT APPLY THEN. if you work, and live in a state that allows for a wage garnishment, you could be looking at 25% of your net pay taken from your check, each time you get paid until the debt is repaid. (only yours, not your hubby's, sionce you are the only signer on the contract)
If you do not work, and can prove that, then you would basically be what we call "judgment proof" There is little the plaintiff's attorney can do except drag you into court numerous times to prove you have no money to pay this bill. They may be able to attach any bank accts that bear your name, all $$ would be frozen in the account until you proved that it is not yours, but until then neither you, nor anyone on that bank acct would have access to the $$ in that acct until the court released it. So inadvertantly, this could affect your husband, albeit only for a short period of time (but long enough to greatly upset him, I'm sure!) I'd recommend that he set up a separate account which only bears his name to avoid this complication.

Answer 2

Take a deep breath, this will not ruin your marrige. If it's a credit card company, Go to court. There are no Lawyers or anything like that, it's a judgement not a trial. The Judge will look at your finances and determine what you can pay a month. You will have to list all of your monthly bills and your monthly income and he will determine how much you can do. No one likes to go to court, but at this time the interest stops. If you try to settle out of court like the others suggest, If your late once the credit holder can and will up the interest so there's no way of bailing yourself out. go through the procedure, you'll find it's not that big of deal, and your husband will not leave you because of past debt. HE LOVES YOU.

Answer 3

trying to clean up your credit?

Pull a copy of your credit file, you get one free yearly from www.annualcreditreport.com If you have already gotten one free this year, each of the credit bureaus (experian, equifax, transunion) can get you one for around $10 (varies by state).
Dispute everything, especially in collections. I had a bunch fall off since I have been working on my credit the last year.

Write the creditor directly and tell them that you want to make payments on it and that you can afford $x per month and send a check for the amount. Send it certified mail, return receipt requested. Sending a letter shows that you have it in writing and can prove later (in court if needed) that you contacted the creditor. If you have money to pay it off in full, do it now so that you dont have to go to court.

You credit history prior to your marriage, debts you incurred prior getting married, should not effect your husband. I'm not sure if the creditor can come after your husband now for the debt that you are married. Check your state courts website for credit laws.

I would definitely talk to your husband about the credit problems you had as a single. It will effect both of you if you try to get a house or car and you both are on the loan!

Answer 4

I don't advocate borrowing more money to pay an old debt. I've learned that most companies will be prepared to accept a new payment schedule if you talk with someone in charge. It costs them more in legal fees than it's worth, if they can get regular payments on the account. Most often they would rather try this.
But once you make the agreement to resume paying, you have to stick with it.

In most states debts incurred before a marriage remain the sole responsibility of the person holding the original contract.

Answer 5

Have you tried to call the company and see if they can do a credit settlement out of court? My husband had one prior to our marriage and it was a few years old, they settled the debt but it was in a lump sum amount and he was not offered any payment options. Try this and see if it will work for you! And don't stress things always turn out better!

Answer 6

As others have pointed out, you want to try to settle out of court. Otherwise, you will have the court costs added to whatever you owe.

It is your debt, not your husbands. Legally he is in the clear. The more significant question is to ask why you wouldn't want to tell him about this. There is more to lose by not telling him -- he'll find out eventually given that credit histories impact so many things in life these days.

You marraige is more imporatnt that trying to hide this thing from your past.

Answer 7

Please go to a professional. Try a lawyer first if you can afford it at all. Try Legal Aid if you can't afford to pay for one yourself. Look up Consumer Credit Counseling Services in your area. ONLY go there not to some of these other outfits that want to consolidate your debt which pop up all over the page when you type their name into Search Engines.

BUT, most states have a statute of limitations (not the same as time item will appear on your credit report) that is under or around time frame you describe. Please look it up for your state here http://www.cardreport.com/laws/statute-of-limitations.html If it is beyond the statute of limitations they can not cannot collect via lawsuit but you must invoke your rights under that law!

Regarding your husband: he is not responsible for your debt. It predates your marriage for starters but even without that issue, he is not responsible. They can't garnish his wages, come after him or whatever fear you have. The professional will confirm this. . .if they receive a judgement they will contact your bank and employer to try and collect. The embarrassment issue will be huge.

Best of luck to you. Been there myself and you will pull through!

Answer 8

Hi there, your not going to like what Im going to say but its the only way, you will have to fess up to your husband first and foremost whats the worst thing that will happen? he"ll get mad and then he"ll get over it, you cant keep such a secret it will ruin your whole life. With your husband by your side it will be a whole lot easier and if he wont stick by you you"ll have learned a great deal about your husband like that you made a big mistake marrying him. I am not trying to be cruel its just that if you love somebody you should always be honest and trust in any realationship is vital.

Answer 9

Ok you need to tell your husband. He married your debt when he married you.
You can pay off the debt by Feb 07. I divoriced my debt ridden husband because he lied about it, and took his debt with me. It has been three years, and I am rebuilding my credit. Better to discuss and be open than end up split up over money because of your pride.

Answer 10

You need to tell him. Not telling him is the same as telling him a lie. Call the credit company and find out how much you owe and try to settle out of court.