for credit cards
Question: In Oklahoma is a spouse held responsible for credit card debt on a card that the other spouse
owns if spouse #1's name is not on the card, he or she does not hold a card and did not sign the
Answer: No, Oklaoma is not a community property state. If only one party is on the card and it goes
into default which leads to a lawsuit in which both are named as defendants any resulting
judgment could be vacated by the simple act of having the party wrongfully joined to the
lawsuit file a motion to vacate the judgment for wrongful joinder of the parties.
This type of thing happens more often in mortgage foreclosures because one of the spouses
had good credit and the other did not so only one signed the note although both were on the
mortgage. The note is the negotiable instrument, not the mortgage.
So in those instances where we have fought and lost we simply let the process go clear
through the sheriff's sale and then when it gets time for the confirmation hearing we file
motion to vacate for wrongful joinder of the parties. The plaintiff's lawyer then has to ask the
judge to vacate the sale and the ownership if the property reverts back to the defendants. They
have to start the process all over again and the second time around we have a much better
chance to fight and win.
The need for that always happens because the defendants have waited till the last minute to
contact me and often after the judgment has already been entered and they are headed for the
Then they decide to panic and the trick described above can sometimes be bought into play
but there are many more. That's why people who are having problems need to become
creditwrench students so they can be educated about tricks that they would never spot or think
I had a meeting with a lady last night and she was being sued in an action by a Home owner's
association. She is a retired person of Afro-American descent. We quickly figured out that the
HOA had filed a lien on her condo which she paid cash for when she retired because of health
related problems. She owed some fees and the HOA filed a lien which turns out to be a sham
legal process under Oklahoma law.
They also posted a list of owners who were in arrears on HOA fees on a public bulletin board
which is located in the driveway above all the mail boxes. That also violated federal law by
holding her up to public ridicule. There were numerous other flagrant violations of law that
she will be able to nail them with. She learned a lot of law in about 2 hours of conversation.
In their rush to judgment lawyers always make lots of mistakes that can be exploited.
http://www.shrinkmylink.com/hhlqson FDCPA EXPERT
http://www.shrinkmylink.com/bnlqson List of community property states
How to answer a summons
LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT
Statute of Limitations for all states
How to set up your hard drive for creditwrench files. Makes them easy to find.
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central
time. It is free and open to the public. There is no cost or obligation other than what it may
cost you for the phone call itself. You can join in and ask questions or just listen or whatever
you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get
answers to questions you need answered before next Friday night.
If you live within driving distance of Oklahoma City you can also come to our monthly
meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd
Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th
& Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2
hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at
Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your
problems as well if you like.
We are going to start holding mock trials so that you can learn some court room procedures.