Civil Summons, living in Ohio- Help!?!?!

[SinkingFast]

Call and schedule some Consult appts with attnys that specialize in BK. Get their take on what you need to do to file BK seperate from Hubby.

Married people can file BK "Married filing Separate" similar to filing income taxes separately. Generally, the non filing spouse's income would be included to start with and backed out later. But since you are a SAHM with no earned income of your own, I'm not sure how it would work.

Keep in mind that BK attnys will give you a BK slanted point of view. In addition to Consulting with BK attnys, I'd suggest you chat with a couple of reputable Credit Counseling Services. Here's a link to the website of BK DOJ Approved Credit Counseling Agencies:

http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm

As Leftyf pointed out,.......... Your total debt level to your Hubby's income is approx 50%. I know this is no comfort, but many of us have Discharged or are paying on 2x and 3x our total annual incomes. None of us could have repaid our debts if we had decades to do so. You're still at a level where you might be able to manage with budgeting, belt tightening, and a payment plan.

As to answering the Summons,............ Go to your local Court House. Tell the Clerk you need to file a Response to a Summons. Your Court may have a Form or a standard format they want used. You can dispute the debt. Ask the Creditor to Verify the Debt. How the Creditor came up with the figure they are suing for.

If you don't answer the Summons or appear in Court on the day of the Hearing, the Court will issue a default Judgement against you.

[keepmine]

I'm kinda surprised at some of these reponses.
$40K is one heck of a lot of debt since, the OP has no income. Were I her husband, my contribution to this mess would be paying a bk attorney. Suggesting that the husband pay this off means, he sacrifices his families future to pay for past mistakes.
He likely has plans of his own for his family-things like a house, retirement, college for the kids. The husband may well have obligations of his own from student loans to prehaps child support from a previous marriage.Creditors that are not his would not be in the mix.
I kept my wife out of financial problems. Never once asked her for money to pay my creditors. I just bk'ed the mess and started over. {Disclaimer-my bk was pre BK reform}.
I'd go the bk route if humanly possible.
Heck with this marriage is a partnership stuff. We're talking real money!

BTW, until you figure out what to do-get your name off joint bank accounts. If you lose that lawsuit, you'll wait up one morning with a levy on those accounts.

[leftyf]

Keepmine, not trying to be judgmental here. I just think you probably develop better habits by paying your debts if possible. I'm planning to file bk myself, so I wouldn't/shouldn't throw stones. I have a friend who just filed 5 years ago and is already counting down the days to file again...doesn't seem to care a bit. I remember him saying "never again" 5 years ago...
I didn't see any info on the husband having additional obligations, so I didn't presume any hardships beyond what she mentioned. 50% is probably right on the border of filing or not filing...would need to know age, future plans, etc. I'm almost 40, so I consider myself a little old to try and pay off massive debts and still fund college tuition, retirement, etc. If I was 23, I might try to pay it off...then again, I wouldn't have been issued this kind of credit at 23. Oh well, who knows?

[CindyLou]

Here is a list of community property states.
Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin

Even if you aren't in a comm. property state, take KEEPMINE's advice and get your name off all easily liquidated assets such as bank account. Because you can't just remove a party from a joint account, you will have to close the joint account and hubby open new accounts. Also, any credit cards, remove each other as authorized user. Seperate your finances as much as possible in anticipation of your possible judgement.

[keepmine]

At some level Lefty-I agree. I've responed to more than a few posts during my time here that bk wasn't the solution. The debts weren't large enough.
In this instance, you have $40K worth of debt -one already in litigation and you expect someoneelse to pay the bills. Just not realistic in my mind.
This is an instance where trying to fix mixtakes of the past can put your future in some jeopardy.
I'd imagine her husband is no different from you. He'd like to retire someday and would like to send his kids to college. That $40K would be darn useful in any number of investment oiptions as opposed to paying debt collectors.
One thing I didn't mention. Hang around this forum. See how many posts start with, "we were making great money last year and then," {insert job loss, illness, divorce,etc.} There is no guarantees in our society or economy. That $80K job could be gone tomorrow.

[Nowwhatohio]

IMHO I would kill to be making 2X per year the debt I have. As it is my debt is 2X the amount of money per year I make. I was actually doing fine and paying it down until they started increasing minimums and APRs now my cash flow has gone negative and I have no other choice.

[keepmine]

IMHO I would kill to be making 2X per year the debt I have.

The problem is, the OP in this thread is not the one making twice the debt.

[Nowwhatohio]

Yes but the OP is married now and it appears the debt is/was hidden from the spouse or the OP wants to act as if they aren't married which doesn't sound healthy to me. I wonder how much debt the spouse has?

[K8T]

Nothing was hidden at all. I was issued the credit (all of it) when I was 19, and my husband and I were dating then. He had no idea how much I was in debt until we we engaged. I was still working at the time, and was making payments on my bills with no problem. We got married, I soon lost my job, and then got pregnant, so ended up staying home because of the cost of daycare in our area.

I got behind on the bills because we were down to one income, and I don't feel ok making my husband paying for my mistakes. I realize this is going to have to happen, but it doesn't sit well with me all the same.

Now, I have a few more questions.

1: I have called my bank and they said they can take me off our joint account, with no problem. Cindylynnsmith- do I still need to have my husband open a whole new account?

2: Is there anyway I can get this creditor to stop the lawsuit? I really don't want a judgement, or risk them taking any of our money in our bank account. Obviously we do have bills to pay.

NowwhatOhio- my spouse has a lot of student loans. He is in the process of getting his masters. Not sure what that has to do with it though...

Thanks!

[keepmine]

1: I have called my bank and they said they can take me off our joint account, with no problem. Cindylynnsmith- do I still need to have my husband open a whole new account?


I'd not trust a verbal conversation. Be safe and just have your husband open a new account.
Unless you {a} come to some sort of settlement or, {b} file bk which will halt the lawsuit they will proceed.

[CindyLou]

When I was going through my divorce, the bank said they could take my name off the checks, etc, but the account was still attached to both SS#'s. I would be safe and have him make the transition to an account ONLY in his name.

[K8T]

Will there ever be a point when I can be added back to the account?

[Granny]

I'd imagine her husband is no different from you. He'd like to retire someday and would like to send his kids to college. That $40K would be darn useful in any number of investment options as opposed to paying debt collectors.

That $40k of debt will be a LOT more than $40k if paid over time. The $40k is just the principal, it doesn't include the interest, that by now, is probably sky high.

[keepmine]

Will there ever be a point when I can be added back to the account?

When you get this mess settled either via bk or, arrangments with creditors. Until then, a joing bank account is fair game to a creditor.

[K8T]

Thanks for the advice! I do have one more question, does it matter they filed with a county court in which I do not reside (and never have)? Or can they file in any court in the state of Ohio?