Legal Question in Consumer Law in Nebraska

Unpaid unsecured credit card

Nebraska Furniture mart in Nebraska is suing my wife for unpaid debt. They tried two years ago and were told she receives child support and ssi and they need to just do a charge off. Since they have hired another attorny and they have told my wife that if she does not show for court they can put her in jail. She does not drive and I am her sole means of transportation and work 2 jobs to support my family there threats are causing undue stress in our marriage and affecting her health.


Asked on 5/18/08, 10:59 pm

1 Answer from Attorneys
Katherine Owen

Re: Unpaid unsecured credit card

What is the question?

Nebraska Furniture Mart can sue a customer on a valid debt. Its attorney can attempt to execute on the judgment; social security benefits are exempt, but only to the extent that they are not mixed with any other money in the same account. Child support is not exempt from execution. Your wife may also have other forms of non-exempt property, including property she jointly owns with you (like a car, house, or bank account.)

Your wife CANNOT be jailed for owing money. The plaintiff's attorney CAN ask the court to issue a bench warrant if your wife fails to appear at a court hearing. So, the important thing to understand is that she must attend any court hearings set in her case, and Nebraska Furniture Mart may be able to find an asset on which it can collect this debt.

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Answered on 5/19/08, 11:17 am


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