Is it too late

[crnbread73]

My husband is being sued and we tried to get a dismissal based off of incorrect jurisdiction. However court is unwilling to dismiss. At this point neither my hubby or myself are working. Does he file for BK or just wait it out?

[jq26]

You can file before or after. Do you have assets to protect? Home? Cars? Money in the bank?

You should appear and defend yourself.

[Denita]

My husband is being sued and we tried to get a dismissal based off of incorrect jurisdiction. However court is unwilling to dismiss. At this point neither my hubby or myself are working. Does he file for BK or just wait it out?

How big is this debt? Are you thinking BK because of your entire situation or because of this debt? BK is good for several things...but will not help if you have an income problem as Bk just gets rid of the past - it does not help with the present or the future.

Tell us a little more about your situation, because there might be another way to work it out...or maybe BK is the way. But it is not possible to know without more info

[crnbread73]

This is a mixture of a lot of things. More pressing is current situation. I know I can protect the bank account from garnishment or at least I think if I remove hubby from acct. He already has his own account I will just remove him from mine. But I guess I am just trying to prevent others from trying the suing thing. Even though SOL is almost up on everything so the chances of getting sued at this point is a lot smaller. I guess I should just go to court and take the chances with the judge. It isn't like we have a lot of debt it is just right now with the pending court date I am not sure we can win and I am afraid of garnishment

[Denita]

What type of income do you have? If you have wages then there is a possiblity of garnishment. Here is a link that explains wage garnishment in California (happens to be from the creditor side LOL) but there are limitations:

http://www.pahl-gosselin.com/NewsInfo/LaborLawupdates/WageGarnishmentExplained/tabid/103/Default.aspx

If you are not working then you might be talking about a different kind of garnishment. I thought you were not working, according to your other thread. Is there a different type of income you are receiving (for ex. unemployment)?

It is really hard to tell if bankruptcy will help you without you providing some details on your income, your debts and the status of your debts. You might want to get a speadsheet together for yourself to figure out if the BK will help or not. If you post your details we can help a little (I am going through BK myself right now, so I can tell you from my experience. Others on this board have gone thru it and still others are BK attorney's etc.)

[crnbread73]

i have unemployment earnings and my husband has nothing. He is the one being sued. I am just trying to protect my bank account from a garnishment on his side. This is the only income we have and I can't afford to lose it. also after reading it says that you can keep one vehicle as long it is not worth over $2200 more or less. he has a truck that is paid for but it is under his and my mothers name but it is valued at $4500. This is private party value not trade in. The only problem is that this is his transportation if he should find work.

[Denita]

First, make sure that his name is not on your bank account - not even as an authorized signer.

I don't know what county you are in, but this is Solano County CA and it has a good explanation of judgments and seizing assets for a money judgment. This might help you to understand what the creditor is looking to do so you know how to combat it:

http://www.co.solano.ca.us/depts/sheriff/civil_bureau/writ_of_execution_money_judgements.asp


Hopefully one of the other posters can answer your question about how to keep the creditor from any asset you have (bank account, vehicle etc)

It does say: A spousal affidavit is required to levy an account in the name of a spouse who is not a named judgment debtor, unless the account is shared with the judgment debtor.