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Author Topic: I have a questions about a legal matter...  (Read 1376 times)

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DEMON

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I have a questions about a legal matter...
« on: March 26, 2010, 07:24:12 PM »

My g/f and I just got a joing checking account to make things easier for us, pay bills and such.  I also have some creditors looking for me because I gave back a car and a motorcycle.  I know that when they take me to court they will get a judgment agaings me.  I talk to a lawyer and he said that I have nothing to worry about because I don't have any assets for them to go after me.  All I have is a 20 year old car and a torn down VTX ,the bike is still on Ron's name (sorry Ron).  So my question is... since she added me to her checking account (i have a bank account) because her bank has locations all over the place vs 3 locations for my bank.  Can my creditors go after her account because my name was added?  We have some savings there and I would hate for them to get them.  I know I will have to pay them and I want to pay them asap.  I lost over $40K a year for the last 2 years and things don't look too good for the future.  I just found out that I'm been terminated at the end of the month for lack of business.  The insurance company that I was hired to deal with cancelled their contract with my employer the same week I was hired.  It had nothing to do with me, it was just bad timing.  Ok back in track... Careu added me to her bank account can the creditors that are looking for me get her $$$?

thanks for your input.

Gabe
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KCAMERON007

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Re: I have a questions about a legal matter...
« Reply #1 on: March 26, 2010, 07:56:38 PM »

I was in a similar situation.....I had some bad stuff (credit issues, charge-offs, etc.) resulting from a divorce,
but me and my G/F (Dee) got a joint credit card for the stuff we shared until I got stuff resolved,...
as far as I know (from experience) the only account seizers/money takers are the IRS...them bastards are crazy !!!
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tom cat

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Re: I have a questions about a legal matter...
« Reply #2 on: March 26, 2010, 08:02:15 PM »

I wish I could give some good advise on this matter. I can't. I am proud to see you are all about doing the right thing as far as you can. We all are in a jam as far as doing the right thing with financial matters. When the money is not there to meet your obligations the people you owe can get in line behind all the rest. Take care of those you love first.
You won't be down long Gabe, you are a player, play the game.      
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beaux43

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Re: I have a questions about a legal matter...
« Reply #3 on: March 26, 2010, 08:57:34 PM »

Probably not, you were added to her acct. correct?  If you did open it together, they could try for it according to my atty.; but almost impossible to get at it.
If you were just added, and the acct. is originally listed under her name, you will be OK. 
Plus, after 4yrs. the "Statue of Limitations" for Texas kicks in; and it is almost imposible for them to get a penny from you (but not the IRS).   If they file against you before the end of 4 yrs then might get $ from you.  Your 4 yrs start from the date of your last payment to the creditor.  And if a creditor charges-off your acct.; and it goes to a 3rd party collection, this party will have to show all original papers and they 97% of the time never have your original signed contract and your atty. can beat the charge.  So check your credit report every 3 months, or sign-up for a monthly monitoring service and see what your creditors are up to, if they charge-it-off keep records of it.
Also, if your loan is from another state your lawyer could argue to their Statue of Limitations and most other states are 2-3 yrs.  And I think you can give back one vehicle in a lifetime ( I know that La. is this way for returning a vehicle, friend went thru it when I was in college there).   
Hope it helps!
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jmdaniel

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Re: I have a questions about a legal matter...
« Reply #4 on: March 27, 2010, 05:55:09 AM »



No offense, Gabe, but why would your g-friend think having a joint account with you was a good thing for her? Keep separate accounts, and use electronic transfers to make things right at the end of the month. When you are free and clear, and make this gal honest by marrying her, THEN think about a joint account. I've known my gal for 10 years in June, been married to her for 5 years in November, and we have NEVER had a joint account, and won't. We square up our bills at the end of every month, and never argue about money; she does her thing, and I do mine. The two biggest things couples argue about is sex and money, and our finance system takes one of those right off the table. The kitchen table, in fact, where we sometimes take care of the other issue. ;)

Good luck!
« Last Edit: March 27, 2010, 05:56:42 AM by jmdaniel »
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TEXASLONGHORN4EVER

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Re: I have a questions about a legal matter...
« Reply #5 on: March 27, 2010, 07:52:22 AM »

lol at the kitchen table, some very good work can be accompished there!
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bigdog

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Re: I have a questions about a legal matter...
« Reply #6 on: March 27, 2010, 08:02:56 AM »

Hi,I think the law in the great state of texas is win you share a checking acc. you our married,look in to it.Walmart has checking acc. and debit cards for anyone, no matter what you get in.Good luck
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DEMON

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Re: I have a questions about a legal matter...
« Reply #7 on: March 27, 2010, 08:10:23 AM »

thanks for all the input guys... yes she added me to her checking account... The bank I use only has 3 or 4 branches in this market.  When I worked in Rosemberg it was convenient, now that I'm in houston I have to drive 20 miles one way to get to the closes branch to me.  In my line of work direct deposit is not always offered. 

On a good note I have two job enterviews next week and I have 1 recruiter calling me about a job.  If everything goes well I will have another job by the end of the month!!!!   wish me luck.   :c
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jmdaniel

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Re: I have a questions about a legal matter...
« Reply #8 on: March 27, 2010, 08:13:02 AM »

good luck... to you, and more importantly, to her!  :stickpoke:
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"He is your friend, your partner, your defender, your dog. You are his life, his love, his leader. He will be yours, faithful and true, to the last beat of his heart. You owe it to him to be worthy of such devotion."
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DEMON

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Re: I have a questions about a legal matter...
« Reply #9 on: March 27, 2010, 08:39:16 AM »

good luck... to you, and more importantly, to her!  :stickpoke:

you still owe me a beer!!!
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xcaliber

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Re: I have a questions about a legal matter...
« Reply #10 on: March 28, 2010, 04:15:18 PM »

Texas has no automatic common law marriage, no matter how long you live together or if you share an account, you are not married UNLESS   you declare youself as such.
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Gumbo

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Re: I have a questions about a legal matter...
« Reply #11 on: March 28, 2010, 05:52:53 PM »

You should tell your girlfriend to take you off her account, I have met her and she should not be penalizes for being involved with you.  :-[ :stickpoke:  :t
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dkjsr49

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Re: I have a questions about a legal matter...
« Reply #12 on: March 28, 2010, 06:01:37 PM »

 :popcorn:
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XRaymondX

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Re: I have a questions about a legal matter...
« Reply #13 on: March 29, 2010, 07:42:21 AM »

My brother just lost everything he had last year.  Gave back his house, 2 cars, but was able to sell his Harley.  The bike was the saddest thing, it hurt him the most.  I think he would have rather sold his wife than the bike.  Both were on the same add in the paper, but nobody called about the wife.  I feel your pain.

All of that said:

I was a credit card collector in Memphis, TN for a couple of years.  We had customers in Texas and all around.  I used to hate calling Texas because we couldn't do anything to them.

The laws in the State of Texas protect you, not the company that you owe money to.  The only people that can touch your money in Texas, is the government.  If you owe the state (child support) or the nation (IRS).  Nobody else can get your checking account or seize the wages from your check.

But, just a precaution, IF you are going to send them money, send them a money order.  Don't give them your checking account number.  It's actually better, if you are not going to be able to pay them off in a lump sum or payments to not give them any money.  The statute of limitations starts from the last payment you sent to them.  So if you send money, just to get them off your back, the statute starts over. 

All of the threats are only that, threats.


Good luck with the job search,

Raymond
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DEMON

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Re: I have a questions about a legal matter...
« Reply #14 on: March 29, 2010, 08:10:08 AM »

thanks for all your info... Raymond
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