Debtor And Creditor Legal Questions

You actually have a few issues.  1. You are not personally liable for your spouse's pre-marital debts.  But I would make sure that any joint bank account you have is opened AFTER you were married, and it should be listed as "Tenants by the Entireties."  Only put money in that account that has been earned after the marriage. If the account was opened before you were married, close it and open a new one. Any of your pre-marital money or other assets should be kept in your name only.2. When garnishing wages, one of the main exemptions is whether the judgment debtor is a "head of family."  A single person can be "head of family" if he or she pays more than 50% of the support for a child or other dependant. (See Fla. Stat. §222.11)  A "head of family" is not defined for a married couple, but based upon case law, the head of family is the primary decision maker for the family.  Common sense would suggest that the spouse who earns the highest income should be "head of family," but that is not what the law says.  So if your spouse is the primary "decision maker" for the family, she can be considered the "head of family."3. You may have grounds to refuse to provide the information on your salary -- just because the attorney asks for it, that does not mean that the attorney is entitled to it.  It depends upon a lot of circumstances.  You could try to object to providing the information, and see what happens, but there's a small chance that the Court could require you to provide the information.4. If you file joint tax returns, then her student loan debt CAN most likely take your tax refund.  If you file separately, only her tax refund can be taken -- but there may be other tax issues.... Read Answer

In the court where you obtained the judgment you file a general sessions civil warrant (general sessions court) or a motion to renew judgment (circuit/chancery court), set it for a hearing and serve a copy on the debtor at the last know address of the debtor. You go to court on the day of the hearing and ask the judge to renew the judgment. This must be done within the ten (10) year period from the date that the original judgment was obtained.  When the order renewing the judgment is granted, you need to send a copy of the order to the last known address of the debtor.... Read Answer

The first question is whether the creditor obtained a judgment, and what names are on the judgment.  In some cases, a bank can "cross collateralize" a credit card debt or loan with a bank account in that same bank, so the bank does not need a judgment.  Banks can sometimes simply take funds in a bank account in the same bank if a loan or credit card was not paid.  If this is your situation, move your money to a new bank.If the credit card company obtained a judgment, then your name needs to be on the judgment before it can garnish (not levy) your bank account.  If your name is not on the judgment, then the judgment holder should not be able to garnish your individual account.If the judgment holder only has a judgment against your wife, and it garnished a joint bank account, you may be able to defend that garnishment if the account is a "tenants by the entireties" account -- If it is a joint account started AFTER you were married and meets some other factors -- but you must assert the defense or it is waived.  Even if it was an account started before you were married, then you may be able to claim that the judgment creditor is entitled to only half of the account.... Read Answer

You are asked to  report your current  income. People make far less than they could for reasons such as being a student or not working overtime. The mere fact you could make more does not mean you will. Also, people can be  confident of  a raise or a promotion. If the mismatch between actual and potential income ever becomes an issue, I would expect the court to find misrepresentation.         ... Read Answer

If the intent from the beginning of the loan was to take the money and run, I guess technically it would be a crime. However, the prosecuting entity (federal or state government) would have to prove what the intent of the borrower was from the beginning which might be difficult to prove if the borrower does not admit anything. However, if the bank had the house as security and was able to foreclose and get its money back, then it would suffer no loss.... Read Answer

The best solution to eliminate a judgment is a chapter 7 bankruptcy, if you qualify.  The first area of inquiry is about your assets.  I, or any counsel that you speak with, will need to determine if you have any non exempt assets that would be at risk in a bankruptcy.  If not, then I or they would inquire about your income to determine if you have significant disposable income and pass what is known as the means test. If it appears that your assets are exempt and you have little or no disposable income, I would strongly recommend a chapter 7 to obtain a discharge, a court ordered elimination of most debts, including judgments. I trust this answers your question, but, if you are in the eastern part of the state, I am happy to advise you on a free initial basis.   ... Read Answer

The summary as you provided with this inquire appears to indicate that Equifax will not tell you why there is a block on your credit history. The first thing that needs to be done is to determine why there is a block? Sometimes a credit reporting agency will put a block if there is a claim of identify theft although there are other reasons too. I would follow their suggestion that you call during normal business hours and request it.  I would suggest that you need to create a notebook of everything that has happened to you in your dealings with them from the beginning and keep it current. Please advise me where you are located?... Read Answer

More information is needed to be able to be helpful. What is the item you want to put a lien on? Generally, if you have a final Judgment, you can lien or actually take, most things of value that a Debtor has. What are the repeated checks for thousands of dollars the debtor gets? Are they continuing?... Read Answer

Bankruptcy would not get a foreclosure off your former wife's credit score. It would eliminate any legal obligation on a remaining debt from a foreclosure. It is unclear what you are seeking, and it is unclear what your entire circumstances are. Perhaps you should take all of your specific facts to a good local lawyer. Good luck... Read Answer

Do you REALLY think that a repo agent is silly enough to tell you the "repo time?" They would never repo a single car. They should not be charging you for return of the personal items though they may be able to charge an inventory fee and possibly storage fees if you have not retrieved the items. Bottom line is, while your concerns about ID have merit, you obviously werent concerned enough about this to not keep your fincancial records in your car, let alone one that is subject to repo. You may need to retain a lawyer to address the repo companies compliance with the repo statute, BUT, this may cost you more than the personal items at issue.... Read Answer

If you have a payday loan they may be discharged in Bankruptcy.  A complete analysis of all of your finances is probably needed.  Payday loans have the advantage as you have signed an loan agreement at a very high interest rate.  An old payday loan may be settled.  If not litigation has commenced now is the time to act unless you have much larger financial issues.  If you do, consult with an attorney who can review your finances and create a plan of action.  If the payday loan is your only issue, and it is valid, try to negotiate a settlement.... Read Answer