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credit card company set court trial help

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    credit card company set court trial help

    I am being sued by 2 credit card companies
    I answered the letter from the court denying by want of knowledge,which I was instructed to do by a lawyer hotline
    I cannot afford to file chapter 13,I do own a home with my husband he is not on the debt,never sighned for them,but we both share the home,I am not on the mortgage but I am on the deed
    We live in Ohio
    Now they have set a court date for trial in one month
    Can they force the sale of our home if he is not on the debt,If I was to file after the judgement was passed down,will it stop the lien
    I do not work,and the guy from the attorney's office told me to take out another mortgage on the home to pay them
    They are charging back interest from 3 years,higher than the credit card was ever for
    I do not know what to expect in court,and will they file a lien on the property that day
    thanks
    Scared in Ohio

    #2
    You will need to ask an Ohio lawyer specifically if a creditor with a judgment can force a sale of the house. Typically, all that happens is they will put a lien on your house that sits their, accumulating interests, until you sell the house (still, that is not a good thing). The other reason they probably would not force a sale is that, the 1st mortgage has priority, meaning, judgment creditor would have to get enough money from the sale of the house to pay the mortgages before they see any money for themselves.

    Chapter 13's are not that expensive, most of the fee gets rolled into the chapter 13 payment plan, thus, you usually only need to come out of pocket $600-$1200. (the total fee for a 13 can range from $2,500 to $4,500).

    I doubt they would move that fast to file a lien, it usually takes a court several day to a week or two to process a judgment. Only once they get the judgment can they file a lien.
    Last edited by HHM; 08-03-2007, 01:21 PM.

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      #3
      If you included his income when applying for the debt he's responsible as well. Consult a different attorney.
      Filed 09/05
      Discarged 1/2/06
      Closed 1/13/06

      Comment

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