husband being sued... ADVICE PLEASE!!!

[AngelinaCat]

Then I think I would tell him to tell this Junk Debt Buyer to go pound sand...

[frogger]

I have read here recently that a Sheriff went to someone's home to see what they had INSIDE the home to sell in a Sheriff's sale. I can't say that's the extent this will go, but it is there.

It is possible, however it is very unpopular. I don't know about your area, but in many places, the sheriff is an elected official and taking things from the homes of people is not a popular activity. In our area, even with the appropriate documentation, the sheriff/deputy will try to work something out at the home instead of removing the property. If the sheriff does take things, then they must store them, advertise the sale, and then sell the product, once again, not a popular thing. Our sheriff's department detests the taking of personal property because it places a "burden" on them.

Your mileage may vary.......

[Pjmax]

It is possible, however it is very unpopular. I don't know about your area, but in many places, the sheriff is an elected official and taking things from the homes of people is not a popular activity. In our area, even with the appropriate documentation, the sheriff/deputy will try to work something out at the home instead of removing the property. If the sheriff does take things, then they must store them, advertise the sale, and then sell the product, once again, not a popular thing. Our sheriff's department detests the taking of personal property because it places a "burden" on them.

Your mileage may vary.......

I know this happens in NJ. I received letters from the court threatening this. I made payment arrangements (yes, I stopped paying since I'm filing in 2 wks,) still received these letters from the court and finally had to get the creditor to call them off.

An interesting thing, one lawyer I free-consulted with, after I told her why I was making these payments, said very casually, 'It's not a big deal really, they just come in, look around and take inventory and they don't really want to be there. So many people worry about this.' My return comment was something like, well it's a really big deal to me! I don't even want the sheriff's car in front of my house!

I didn't choose this attorney. I tend to question any advice that starts out with 'oh, don't worry, everything will be fine.'

[shellbell]

AngelinaCat

I am going to help him reply to this summons and hopefully it won't go further than it has. Thanks to everyone for your support!!!!

[ValleYum]

Good luck, shell! Are you planning on separating the bank account just to be on the safe side?

Keep us posted!

[shellbell]

ValleYum. I think I am, even though I researched PA law and it states that an account with a spouse (that's innocent) can not be levied.

[ValleYum]

I'm with the "just in case" club (LOL) because it would make things super difficult if that happened even if it was "accidentally".

[Pjmax]

Honestly Shel, although many people do it on their own, answering a summons and trying to fight off a judgement, is a cluster-migraine type of headache. If they get the judgement, they'll come after anything, 'til they get their money or make you crazy. I don't mean to scare you, but you need to be prepared, and know whether or not you can deal with it. I would talk to an attorney, maybe the one who filed your case.

I do wish you the best, and please keep us posted.

[tobee43]

Nothing is in my husband's name except a used vehicle. I come to find out (from his credit report) that his account was charged off in June 2009 and this is a 3rd party company (Weltman, Weinberg and Reis) whom are suing him. NOT GMAC (the OC).

PA does not hold the spouse liable for any debts if they aren't in his/her name.

that's good to know! maybe that's where i'll move LOL!