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rshaygood
Joined: 21 Aug 2008
rshaygood's page
Posts: 1
174 Magic Points
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Subject: have been receiving calls at work from these people re: my
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Thu Aug 21, 2008 12:00 am
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| have been receiving calls at work from these people re: my wife's old debt. It's not a joint account. My wife doesn't work, but they say that they can garnish MY wages due to our marriage. Is this true? |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 621
-55 Magic Points
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Thu Aug 21, 2008 2:22 am
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If it was not a joint account I don't see how they can do that, you need to have your wife send them a cease and desist letter, you can find samples of one on this page.
You should send them a letter also and let them know that you have nothing to due with this debt and that you want all collection activity geared toward you to stop immediately or you will pursue legal action against them. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Thu Aug 21, 2008 6:15 am
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Hi rshaygood
If you have co-signed the debt, then only you are liable to pay it back if you wife somehow cannot pay it. But since it is your wife's debt for which you are in no way liable, they cannot bring judgment against you to garnish your wages. Marriage does not impose your wife's debt obligation on you and so you need not worry about it.
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All the Best 
Justin |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
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Thu Aug 21, 2008 6:26 am
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I agree with you Justin. If they call you again, ask them to send you a mail instead of calling you. If you receive a mail from them, send them a debt validation letter by certified post. I am sure they will not be able to validate the debt and so you will not be required to repay it. Now as far as Wage garnishment is concerned, the creditor can garnish your wages only when they sue you to the court and bring judgment against you. In this case since you are not responsible for the debt, the court will not give judgment against you.
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Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
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R. Haygood
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Subject: Threats by Danels and Norelli
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Thu Aug 21, 2008 12:11 pm
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| Thanks! I have called an attorney about this but haven't been able to talk with her yet. The two people who are calling will not even tell me the origin of my wife's debt, ie, the creditor's name or amount. They just continiue to say, "It doesn't matter that you aren't on that account. You're married to her aren't you? So YOU are equally responsible! Now, you can set up an automatic draft and take care of it or WE will take it without your consent." |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Thu Aug 21, 2008 9:12 pm
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They won't give you this information because it is not your debt. So that also means it isn't something you can be held liable for. These places will use any type of scare tatic they can to get money.
Please take the advice given here and send them a cease and desist letter by certified mail. After that if they call you then you can legally sue them. If you need help finding a sample letter on our site just ask and we will direct you.
This is free of charge and will save you from the harassment. |
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Lorri
Joined: 15 Jul 2008
Lorri's page
Posts: 297
196 Magic Points
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Fri Aug 22, 2008 3:02 am
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I thought once you were married, your credit rating became one.
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"Never give up on someone you can't go a day without thinking about". |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Fri Aug 22, 2008 11:39 am
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No that can not be true. My credit isn't as good as my hubby's. Recently we went to the bank for a home equity loan and I was honest with them and said my credit had a couple bad marks. We REALLY needed this loan and could not afford to have it turned down. The bank lady was aware of this and said it would be best to leave my name of the loan app.
All I had to do is sign a paper allowing him to use our land and house to get the loan.
My crdit never came into play. Thankfully as of next year mine will be cleaned up besides one. That one will not fall off until @)!) but with all the positive accounts and only one neg. I hope it will make me a etter credit candidate. |
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Lorri
Joined: 15 Jul 2008
Lorri's page
Posts: 297
196 Magic Points
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Fri Aug 22, 2008 7:47 pm
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Well, that sure is interesting. I thought they just kind of meshed together. Maybe I am thinking of COMMUNITY PROPERTY!! HA!
_________________
"Never give up on someone you can't go a day without thinking about". |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Sat Aug 23, 2008 1:07 am
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| It is a common thought. Most people do not relize that you and your hubby's credit are two different things. The only time they "mesh" is when applying jointly. Wonder where Good natured is hiding herself. She hasn't been on in a couple days. Think she had her fill of doughnuts? Or was it the coffee? |
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Lorri
Joined: 15 Jul 2008
Lorri's page
Posts: 297
196 Magic Points
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Sat Aug 23, 2008 2:36 am
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Maybe she robbed a Starbucks (j/k) 
_________________
"Never give up on someone you can't go a day without thinking about". |
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Lorri
Joined: 15 Jul 2008
Lorri's page
Posts: 297
196 Magic Points
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Sat Aug 23, 2008 2:37 am
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I am really surprised about the credit thing---I'll have to remember that.
_________________
"Never give up on someone you can't go a day without thinking about". |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 621
-55 Magic Points
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Sun Aug 24, 2008 2:17 am
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| I could use some coffee. |
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Lorri
Joined: 15 Jul 2008
Lorri's page
Posts: 297
196 Magic Points
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Sun Aug 24, 2008 3:51 am
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And we are back to food!----have you been in our various food threads erb? I have a theory regarding food in these forums.
_________________
"Never give up on someone you can't go a day without thinking about". |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4500
8812 Magic Points
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Sun Aug 24, 2008 1:46 pm
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| Do I dare ask what that theory is Lorri? Starbucks sounds pretty good right now. Venti triple mocha and three shots of espresso...PLEASE. |
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