The credit was aquired and used under wife's name only during a separation of the couple and discharged approx 8 years ago in court. Husband did not file bankruptcy nor did he have any link to the credit card. The collection agency has now served the husbands employer papers to garnish 25% of his check. Is this legal? Is there any recourse for the husband?
2007-02-23 07:07:39 · 8 answers · asked by JULIE 1 in Business & Finance ➔ Credit
You've got a couple things going on here.
In the divorce decree, there must have been a property settlement and something that set out who was responsible for bills.
The problem with the bankruptcy is that only the wifes debts were discharged so if the husband had any legal liability on that card, the creditor can still go after the husband as only her debts were discharged.
The first thing you need to find out is why they are coming after you if you were never on the card. Secondly, they can't garnish your wages without a court order so where is the court order? Did they sue you and you never showed up? If so, you probably got a default judgment against you.
It's a bit difficult for me to believe that all of this happened that many years ago and the first time you found out about it was when they garnished your wages.
I don't know how much the debt is but you may need the help of an attorney to sort through this and figure out what your options are.
2007-02-23 07:32:16 · answer #1 · answered by Faye H 6 · 1⤊ 0⤋
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RE Can a credit agency legally go after a spouse for a debt if it was discharged in bankruptcy ?
The credit was aquired and used under wife's name only during a separation of the couple and discharged approx 8 years ago in court. Husband did not file bankruptcy nor did he have any link to the credit card. The collection agency has now served the husbands employer papers to garnish 25% of his check. Is this legal? Is there any recourse for the husband?
2014-10-04 03:10:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
How did the collection company serve the papers? Are they really a court ordered garnishment (signed by a judge?)
A debt that is 8 years old is usually uncollectible, unless they originally sued the spouse within the statute of limitations and are just now getting around to filing the garnishment.
Go see an attorney to see what is going on.
2007-02-23 07:59:41 · answer #3 · answered by Gem 7 · 0⤊ 0⤋
It would not be a waste of money or time to consult an attorney. Marriage laws are different in every state. Bring a copy of the dissolution decree, and any legal papers concerning division of assets and liabilities to your appointment as well as all the stuff from the collection agency. If you can get copies of the order of discharge from the bankruptcy, that would be helpful.
In some states, if the agency goes after you illegally, you may be entitled to damages. There are things you have to do, though, to protect yourself.
2007-02-23 07:28:56 · answer #4 · answered by Denise T 3 · 0⤊ 1⤋
If he was a party to the debt & did not bankrupt, then the collector can come after him. If he absolutely was NOT on the credit card as a signer, then tell them to show you where he signed. They won't be able to & you can fight this effectively in court. However, it sounds like they already got a summary judgement b/c he didn't show for court, so talk to an atty, but I would bet that you are on the hook for it now. If you are, try to scrape up 25-50% of the balance to settle w/ them in full. Get any settlement in writing, though, BEFORE you pay them.
2007-02-23 07:26:27 · answer #5 · answered by Ryah B 2 · 0⤊ 0⤋
Not if it was discharged.
Seems like sending a copy of the legal paperwork for the bankruptcy showing the discharge, along with a sternly worded letter from your lawyer should shut them up.
2007-02-23 07:27:47 · answer #6 · answered by Quixotic 3 · 0⤊ 0⤋
This is NOT legal.
You need the help of an attorney who specializes in violations of the Fair Credit & Collection Act.
Call your local Bar Association for a referral.
2007-02-23 07:11:55 · answer #7 · answered by strangefire2004 2 · 1⤊ 0⤋
As long as the husband's signature is not on anything then he can not be held liable.
2007-02-26 14:44:22 · answer #8 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋