My car was repoed in 1998. It is no longer on my credit report. I got married in 2002. I have a deposition to go to regarding this issue. I am not employed and haven't been since I got married. Will they make my new husband pay? Can they take our car or house?
2007-01-04 03:02:48 · 10 answers · asked by annabelle_009 2 in Business & Finance ➔ Credit
Generally speaking, no. If the debt is in your ex name's and your name then your new partner cannot be made liable just by marrying you. However, any new debt that you incur depending on the states laws you could be liable for 50%. Now if it is a federal tax liability that you are liable for and you and your new husband file a joint return then he would also want to file an Injured Spouse form so that they will not take his part of the refund to satisfy the prior debt. Best of luck to you both and congratulations.
2007-01-04 03:14:38 · answer #1 · answered by michael45672007 3 · 0⤊ 0⤋
The answer is no. First of all, you incurred the debt yourself. So this is an "individual" debt. Debts taken out before you are married individually cannot be made joint.
Second, go to the deposition and tell them the debt is outside of the statute of limitations. The court will throw it out. They are probably hoping you don't show up, just so they can get a default judgment. Don't let them. Show up and use the SOL as your defense.
In addition, they cannot take your car or house. A car loan is secured by the automobile; if they repossess it they have their collateral...they cannot in turn take another piece of collateral they do not have rights to. They can come after you for the difference, but they cannot take another automobile or piece of real estate.
2007-01-04 12:35:54 · answer #2 · answered by Kevin K 3 · 0⤊ 0⤋
Hold on there what state do you live in??? most states have a Statue of limitation like 6 years, that means they cannot legal sue you. Research that out before you go into court and maybe get a lawyer to help you as well, 8 years is kind of long for them to just act on this. usually they come after you within 4 years. You may have a dead beat debt buyer handling this. No they cannot take your car or your house not even put a lien on it. this debt was before you were married therefore making it NOT your husbands responsiblity.
pick up a phone and talk to a attorney about this situation, free phone concultaion, and if the amount is siqinifant i would have one represent you.
2007-01-04 11:14:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The answer is both yes and no. Yes, if you live in a community property state. Arkansas and Texas are community property states. There are a lot of others, as well.
In a community property state, they will say he is responsible for the debt, as well, eventhough it occured prior to the marriage.
(This happened to me regarding my husband's debts that he acquired before our marriage and vice versa.)
What they can do to collect varies by the state you live in.
Almost all states will allow wage garnishment, as the first step.
What that means is that they can take 15 percent of your husband's paycheck before taxes, to pay the debt until it is paid off.
If your husband's check is already garnished for something else
at the 15 percent rate, they can garnish 5 percent. For a total of up to 20 percent garnished.
If it is already garnished at 20 percent, they will pursue other means to collect. Judgement lein on the car (if and only if it's paid off. If you own it free and clear, they can force you to sell
it, if it books for more than the exempt value. The exempt value here in Arkansas is $500.00. Your state may be more or less.)
If it sells for more than the debt amount, you get the rest. If it sells for less, you still have to pay the rest.
If the car is exempt, or doesn't sell for enough, they can attach a lein to the house if and only if you have a clear deed to it (not mortaged.) There is a small amount of money that's exempt
for home value. 99 percent of house around here are worth more than the exempt value allowed.
My suggestion file bankruptcy fast. Chapter 7 or Chapter 13.
While you are filing, they can't collect and once it is discharged, they can't collect.
A bankruptcy isn't as bad as people think or as hard to do, either.
My ex husband and I filed Chapter 7. We did it ourselves.
Bought a form kit. Filled them out. Took them to bankruptcy court. Paid them their filing fee. And showed up for court when the letter they sent said we had to. We had to show up 3 times.
We didn't lose anything. Just a whole bunch of debt we couldn't afford to pay.
After the bankruptcy, we got more credit right away because we didn't owe anyone anything.
It falls off your credit report in 10 years.
The filing fees aren't much and you can pay them in 4 installments if you apply and fill out a form.
That way they can't garnish anything or take your house or car or anything you own.
2007-01-04 11:31:59 · answer #4 · answered by txharleygirl1 4 · 0⤊ 0⤋
98 seems like a long time ago. if they came after you for the debt while you were married things can be a little different. He would assume part of the burden by default. As your joint credit score would reflect your repossession. since you don't work your husband probably does all the financials without your name anyway. so he won't find out about it.
2007-01-04 15:35:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It depends on what state you live in. Some states' marital property law would make him jointly liable, others wouldn't. Talk to a local attorney.
2007-01-04 11:04:57 · answer #6 · answered by Amanda K 2 · 0⤊ 0⤋
No you must be legally married at the time of the debt
2007-01-04 11:06:30 · answer #7 · answered by angelunawrs 2 · 0⤊ 1⤋
Based upon your state's statute of limitations, you are not legally bound to pay this. Go to http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml for additional information.
2007-01-04 12:05:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋
ur husband should've done a credit check before walking the aisle, but now it is something he has to be responsible for
2007-01-04 11:06:15 · answer #9 · answered by steveo 1 · 0⤊ 1⤋
sue the bastard
2007-01-04 11:05:19 · answer #10 · answered by Anonymous · 0⤊ 0⤋