Judment from capital one, what to do?

[varik]

Ok...all judging and critisisms asside I am looking for advice or just a breakdown of the hell I am going to have to endure.
my husband had a cap one card and long story short a 500 limit with fees went up to a 1000. He was unemployed and we were struggling. He is self employed contractor. We have a joint account an he has his business acc, LLC. We got the judgement already he got papers..it never said he could go to any trial..jus had a number to call if u want to argue it. He never called ..be It they gave only one week to respond. I had 0$ in my joint acc an saw legal processing fee 99$ hit my acc. The bank said it was cap one..but it was case closed now, whatever that means.i got papers in mail today ordering me to pay 1323.00..well not me..my husband. And what happens from this point..they didnt go into his business acc..y is that? And his checks r written to his business not him..so how or can they garnish wages? Can or will they go back in our joint acc..should I take his name off? Will they take our tax refund ?we count on that money ..long winter stax up bills. We can unearned tax credit an have 3 kids..he owns his truck..not worth much its a beater..but can they take that?? Its our only vehicle so I am just worried ..the papers said something about seizing property, electronics...? Wht do they do knock on ur door and ask if u have an ipod an take it? I rent...not own, that truck is the only "assett" we have..any suggeations would help..should I have husband call lawyer on judgemnt paper will they do payment plan?

[gillivray5]

You need a smarter husband. It appears that his failure to take action has caused a problem.
1. He received a notice of the lawsuit, but took no action.
2. Plaintiff won a default judgment because the defendant took no action.
3. Plaintiff offered an opportunity to deal on payment, but defendant took no action.
4. Plaintiff obtained a garnishment against the account he knows about - your joint account.

Although he should have consulted his lawyer long ago to avoid all these issues, he should call his lawyer NOW to figure out his legal options. The problem is that the attorney may cost about what the judgment is.

Even if you take his name off the account now, they will continue to garnish what they can.

In most states, there are items which are exempt from the plaintiff's post-judgment remedies. Usually, a vehicle used for the business would be out of plaintiff's reach unless the debt included the business.

The credit card company would not come to take non-exempt property. The sheriff's deputies or constable's deputies would execute the writ.

Since the judgment almost certainly contains provisions for post-judgment interest and recovery of fees needed for collecting on the judgment, the total amount owed may continue to grow until it is paid.