Getting sued by a debt collector.?

Question

A debt collector wants to sue me for a bill I owe but I am unemployed. She says she will garnish my husbands wages, and that we are not having a hardship because we own a house, it's considered an asset (we bought it after we where married but my name is not on it). How can she have the nerve to say we are not in a hardship. Can she legally garnish my husbands wages?

Answer 1

best answers on the web are at www.creditboards.com. Click the forums link.

They can't garnish unless they have a judgment. If it's your debt I'd be surprised if she can attach your husband's wages.

Just hang up when she calls.

Answer 2

I have the same thing happening to me! They are nasty people! I'm unemployed right now also and my fiance is the only one working. They told me I had to pay $700 in the next week or I would go to jail. I know they cant send me to jail but I came up with it to have them leave me alone. They told me sense my fiance makes quite a good amount of money it wasn't hardship. Just because he makes money doesn't mean we don't have the debt to break us! They made it sound like if I wasn't working he should be responsible for it! Were not even married yet and its not his debt. I was so mad so I did a little research on it. Check the debt collector laws in your state they helped me out a lot! I just heard from them again today. They couldn't get a hold of me personally so they called my mothers house and told her they were going to take legal action on me. They told me mother! I'm pretty sure that's illegal. I know they cant garnish wages until they take you to court and win...they cant garnish anyone but you and they cant use the house to pay for debt. Its all illegal! I'm still wondering though...if we are unemployed and they do decide to take it far enough that they sue me...(I cant make it to the judgement I live 1000 miles away now. Not sure about your situation.) What happens next? They cant garnish our wages until we start working so will they keep hounding us? What happens? I haven't gotten that far I suppose...

Answer 3

Well you are learning the unpleasant way that debt collectors will do and say pretty much anything to collect debts.
Much of what they tell you when it gets to this level isnt even the truth.
If the debt you owe was in your name only and the house is not in your name, then she is just blowing smoke, its all browbeating you into trying to get you to pay. They dont care what your situation is nor how you come up with the money.
So if your husbands name is not on the debt then no she cant garnish his wages.
And before they could garnish the wages they would have to file to get a judgement with the court, then they would have to file a writ of garnishment. this isnt something they can just do at the drop of a hat.
This is intimidation it sounds like to me.

Answer 4

If you're unemployed right now. The debt collector will not be getting anything. (What she going to sue your for?) the clothes off your back.

Don't take the threats to heart. If she wants to make matters more difficult for you.Tell her to bring it on. If the debt is your name. Then I don't see how she can hold your husband responsible.

You should talk to a bankruptcy attorney and figure out what your options are on how you can get your financial stuff back on track.

Good Luck

Answer 5

debt collectors use all kinds of threats. they can not garnish your husbands wages

Answer 6

They can not garnish your wages, tell her to go bite on a long hard one, and tell them to quit calling you and if they keep calling you file harassment charges . It worked for me, never have heard from them since, and my bill was wrote off. I wasn't able to work for over a year, and barely survived.

Answer 7

Bill collectors will say anything. You need to take everyting they say with a grain of salt and not take it personally. They are also horrible people to negotiate with. But it makes sense to talk to a debt counsellor or accountant or bankruptcy attorney to help you clear up your credit problems.