Legal Question in Credit and Debt Law in California

I am currently being sued by Nelson and Kennard, I originally had a credit card through HSBC in the amount of 1800.00 they are now suing me for 4600.00. My trial is set to begin on Nov. 10 2011, every time that I have attempted to call and work out some sort of repayment plan, they are rude, insulting, and condescending. They are also trying to scare me by saying that they will garnish my husbands wages. We are in the middle of trying to keep our home as well as feed and clothe our family. Can they actually garnish his wages even though it was my credit card? Also they asked me to produce documentation, that I do not have, by Sept 22 2011, I did not respond, what should I do about that now? I will show up at all court dates, but am not sure what I should do to prepare.


Asked on 9/28/11, 4:56 pm

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

A collector is not compelled to sympathize and could more readily collect forcefully than through settlement: e.g. through wage garnishment, placing liens on real property, and attaching bank accounts. California is a community property state: assets and liabilities acquired during marriage could be imputed to either spouse depending on the circumstances. Based upon further review of your financial facts, a federal bankruptcy filing may economically eliminate this debt as well as other liabilities and perhaps assist in keeping the home. If you have other unpaid debts, lawsuits may begin to follow in seemingly endless succession.

This answer (as well as our Web site) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it�s independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action. www.BankonitSD.com

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Answered on 9/28/11, 5:41 pm
Steven Simons Law Office of Steven A. Simons

Asaph is correct debt collectors do not have to be nice. In fact Nelson and Kenard take obnoxius to a whole new level. If Bankruptcy is not an option for you, after you consult with a bankruptcy attorney, you may want to consult with someone who specializes in FDCPA type cases - you are in Moreno Valley - perhaps Robert Stempler can assist you in dealing with Neslon and Kenard. Often times when you show up at trial with an attorney the settlement demand drops as the debt collectors do not want to waste time in trial. My office has a flat fee program for many debtors and others might as well.

In any event good luck.

Steve

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Answered on 9/28/11, 6:36 pm


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