can i avoid attachment of earnings : LUSENET : Repossession : One Thread

I left my violent husband 5 and half years ago and expected him to remain in the former marital home and make the mortgage payments although the mortgage was in my name. Basically I ran away from my old life as I wanted to cut all ties with my past and ex-husband. I have 3 children and went to university on a grant and family credit and obtained a good degree. I am now working as a mortgage advisor and am licenced via the PIA. I received a letter and phonecalls at work 3 months ago from solicitor acting on behalf of building society chasing shortfall of #19,500.The property was repossessed in Feb 1996 They have incorrect work details (wrong company name) and so far I haven't given them any details re income, home address, correct employer etc. I have married again and have joint bank account in new married name. I would like to settle this debt, but from my own resources could only afford about #70 per month. The problem is, if this goes to court will i get an attachment order automatically? If I do i will lose my licencing and therefore my job and all my training will have been wasted. Also can my new husbands income in any way be taken into account? If the lender agrees to a settlement can this be paid monthly?

-- sue lloyd (, August 30, 2000


What arrangements were made about the house and mortgage when you left your husband?

Your solicitor should have made some sort of arrangement, usually to have the house transferred into your ex-husbands name. Even though lenders usually refuse to do this when there are arrears involved, when a solicitor is acting for you in a divorce, the lender will usually co-operate.

Once that transfer has taken place, then your involvement in the house and mortgage ceases. Even if the house is repossessed, it is not your concern.

You may want to go back to your solicitor to check what was done regarding the property. But sort this out first before you do anything else.

-- pendle (, August 30, 2000.

it is against the law to harrass alleged debtors at their place of work so next time you are contacted by these people ask them to refrain from this

-- mark stevens (, September 01, 2000.

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