Being sued for Credit Card Arkansas

Discussion in 'Credit Talk' started by Iamworried, Jun 21, 2003.

  1. Iamworried

    Iamworried Well-Known Member

    I filed chapter 7 bankruptcy in Sept. 1996, and restored my credit, but have since defaulted on three credit cards, with pretty high balances. I have also since married and bought a home with my husband. We have two small kids, and I don't work outside the home. All our assets (home, car, and bank account) are joint and we live in Arkansas which is not a community property state. I was contacted by a Little Rock attorney's office about one of my credit cards that I defaulted on in Dec. 2002. They are threatening legal action. What does this mean in Arkansas, since I do not work, and my home and car is in both our names. Can they put liens on the property since my husband is joint owner and first on all the accounts, and has nothing to do with my credit card debt? We have only paid a year on the house, therefore have virtually 0 equity, and the car is 94 Lincoln Town Car, paid off but registered to both of us. I have no wages to garnish. I already filed bankruptcy 6 years ago, before we got married, can I file again by myself? And if I do file again, how does it affect my home and car that we own together? My husband has good credit, so there would be no reason that he should file with me. Do you think that attorney's letter threatening legal action is a bluff or possibly more real than I hope it to be? Should I write the attorney's office back and try to negotiate the debt, I haven't paid anything on it in over 6 months and the sol in Arkansas for open-end accounts is 3 years according to Suze Orman's financial debt management website. Can anyone help me? Thanks.
     
  2. dixidriftr

    dixidriftr Well-Known Member

    That suze orman needs to go take a flying leap.

    If it were me, I'd play some head games with the attorney in addition to sending a validation letter. Your goal should be to make yourself appear as an unattractive target as possible. You may be able to psych him out till the SOL is up.

    Basically I'd tell the attorney that you are married, everything you own is joint, you don't work and you pretty much judgment proof. Also mention that you have a sugar daddy now and it won't be any skin off your back to file BK on him if he decides to pursue litigation.

    However, before threatening anything like what I just mentioned, research your state laws concerning garnishment and attachment of property to be sure.
     
  3. too much

    too much Banned




    My, your parents must be so proud....
     
  4. Iamworried

    Iamworried Well-Known Member

    Too much I don't really understand your reply, whether it is deemed toward me or the first respones to my post. If anyone else had any good input about my situation, please reply.
     
  5. WALLST

    WALLST Well-Known Member

    Re: Re: Being sued for Credit Card Arkansas

    TooMuch,

    Yours must be too for raising such a jerk. If you don't have any practical input to offer, please just shut up and go away.

    WALLST
     
  6. GEORGE

    GEORGE Well-Known Member

    Re: Re: Being sued for Credit Card Arkansas

    IGNORE works
     
  7. keepmine

    keepmine Well-Known Member

    Re: Re: Being sued for Credit Card Arkansas

    You may file a Chapter 7 every 6 years. With joint assets involved, I'd suggest you see a lawyer.
     
  8. Iamworried

    Iamworried Well-Known Member

    Re: Re: Being sued for Credit Card Arkansas

    You're the second person that said chapter 7 can be filed every 6 years. I looked at an Arkansas law firm's website, and they said it was every 7 years that chapter 7 can be filed. Do you know if the law was changed from 7 years to 6 years, or could it really be 7 years?
     
  9. Iamworried

    Iamworried Well-Known Member

    Re: Re: Being sued for Credit Card Arkansas

    <bump> Still looking for some more good advice, time is limited and I can't research all the good threads on here, but have seen some great ones and have gotten some ideas, and taken some notes. Anyone else that has any relevent input for my situation, please drop a post. Thanks.
     
  10. J. Vick 71

    J. Vick 71 Well-Known Member

  11. J. Vick 71

    J. Vick 71 Well-Known Member

    Re: Re: Re: Being sued for Credit Card Arkansas

    72 months
     

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