Legal Question in Credit and Debt Law in New Jersey

I have a credit card judgement from 2009 for 2068.00. I do not have a job but my husband does. Everything is in my husbands name only including the bank account, car and house. We live paycheck to paycheck from his job. There is nothing else of value. I've heard they can have a sherriff come to your house and take furniture from you or even put you in jail is this true? The card was only in my name. We live in new jersey. I filed for chapter 7 bankruptcy back in 05 so this is not an option.

Asked on 5/25/11, 11:06 am

1 Answer from Attorneys

Philip D. Stern Philip D. Stern Attorney at Law, LLC

You cannot be thrown in jail for not paying a judgment based on a credit card debt.

If the judgment is ONLY against you and all of your family assets are in your husband's name, they cannot levy on assets in your husband's name (unless you fraudulently transfered assets to him for the purpose of evading your creditors). They could levy on the possessions inside the house which belong to you by giving you notice; then the Sheriff will hold a sale to auction off those possessions -- this is unlikely unless you have possessions of significant value because it is doubtful anyone would buy an unseen couch or bed. Once property is sold, the buyer can remove it from your house and the Sheriff will oversee that there is no breach of the peace in doing so. The Sheriff does not actually take physical possession of your belongings.

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Answered on 5/25/11, 11:22 am

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