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    going to court

    Hi all;
    Posted before..been lurking since I'm judgment proof- my only income is disabilty due to cancer and the powerful medications I take for it. I live in a non-community property state and the debt I have not been able to pay are mine not my husband. If the CCs take me to court, should I go and explain my situation to the judge or just let them get a judgment against me.
    Will this affect my husband, we dont have much- live in apartment and have one car- no asset-just the usual household goods.

    Thanks guys!

    #2
    Originally posted by cascabel View Post
    If the CCs take me to court, should I go and explain my situation to the judge or just let them get a judgment against me.
    Do go to court on the assigned date and explain your circumstances. No sense having a judgment recorded against you if it isn't necessary.

    Will this affect my husband, we dont have much- live in apartment and have one car- no asset-just the usual household goods.
    If the debt is truly yours alone, you live in a no-community-property state, and your husband was not a co-signer and hasn't signed any papers that would make him responsible for any of your debts, then a creditor has no legal grounds to take action against your husband. Since you have no assets of value, then there's nothing for the creditors to take in place of the money you owe them. If you are working at all, they could try to garnish your wages, but if you aren't working (are you?), then that's not an option either.

    Hope this helps and that you are holding your own, cascabel. Glad to hear you've been lurking - hope you are finding the information our members share helpful. Please feel free to post anytime - that's why we're here. Take care - I'll be sending positive thoughts and prayers your way.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      going to court

      Thanks for the responce... no.. I'm not working and probably never work again..the medications are too strong for me to drive or work..why I was put on disability. So... you think the courts will understant my problem. I hate to be like this.. but it was not my choice to have this disease.
      Thanks!!

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