Legal Question in Credit and Debt Law in Montana

My husband and I are struggling with our finances like many people across the U.S. We've paid some of our credit card debt down but still owe. Regarding our question: We have a credit card in just my husbands name and they have sued us for the balance, and gotten a judgment against us. They took money out of my husband's bank account to pay the judgment (a bank levy). We still owe approximately $2000. He has closed his account. Can they still take the remaining balance out of a new account if he opens one? Can they take money out of my account if my name is not on the card? We are trying to figure out how to deal with settling with them and getting this handled and understand what our rights are. We are in located in the state of Montana. I quit my job and am collecting unemployment. My husband works but gets paid from his family-basically a gift every month. Please advise as we cannot afford to open another account and have them take the money again. We are wondering what the process is.


Asked on 7/26/10, 5:40 pm

1 Answer from Attorneys
Mark Anderson Mark Anderson, Attorney at Law, PLLC

If the Judgment is against both of you, then they most likely will be able to execute on accounts in your name too. I would not put any money in a bank account until you settle the judgment with the credit card company. I would get any settlement in writing before you send any money. You can try to offer them a lump sum for full settlement of the debt. You could also contact legal services in Helena. Here is a link to their website: http://www.montanalawhelp.org/Program/575/ They might be able to help. Good luck.

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Answered on 7/30/10, 8:36 pm


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