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Response to Attachment of Earnings

from Too scared to say (iwasduped@yahoo.com)
Your ex-partner got his post forwarded to the Post Office for pick-up - that's how he replied from the old address. The house was clearly repossessed from what you say in your post. Unfortunately this leaves you in a real pickle and if you can afford it, I would make sure you have legal representation at the Court hearing. Because he responded to their papers, as I understand it, the summons is considered served on both of you, where there is a joint and several liability and they won't normally set it aside without a huge fight. You will have to show that your ex deliberately misled thema nd kept you in the dark...not easy I am afraid.

The 26k will be the shortfall between the mortgage balance and the sale price, plus all the lender's costs etc and no doubt spurious additional charges. You have an uphill battle now, because all this has happened in your absence, but you must have known that this was a possibility if you left the property (with or without your ex in it.) The Court may [read *will*] state that it was your responsibility to ensure that the financial affairs connected with the property were appropriately dealt with. In these situations you are damned if you do and damned if you don't; even if you had maintained contact with the Lender, this scenario could probably still have arisen. If you do manage to get the judgement set aside, you will be a ray of hope for a lot of people, so do post an update.

(posted 8316 days ago)

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