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C.GAguy · Sep 2, 2010, 07:39 AM

My wife received a phone call this morning from a collection attorney, stating that we ( her and I ) are going to be sued for a debt that her ex-husband has not paid for since 2007. She has not been married to him in more than 20 years. The attorney called her and stated a court date, but when we called the courts, the clerk of the courts said that there is no date set for this case. Also we have not been officially served any paperwork.

The attorney stated that since Georgia is a community property state and that I am married to her, that I am also liable for this debt.

If her name was no longer on the card ( but her name was on the original contract) is she liable for his debt? Also 20 years ago I didn't even know her, and I liable for this debt?

We just found out that her ex husband is incarcerated. So we are thinking that this is a scare tactic to get her/ us to pay.

Hoping to get some feed back, to plan out the next course of action.

beachloverjohn · Sep 2, 2010, 08:34 AM

Hmmm. Sounds a little fishy to me. I'm not a lawyer, but you might want to check with one. I don't see how you can be responsible for your wife's debts. Now whether she is is a different matter.

C.GAguy · Sep 2, 2010, 08:58 AM

Thanks John, I think it is fishy and just a scare tactic. As I have stated we have not been served official documents. Now my wife did ask for the original signed contract with her name on it. The attorney said that it will be presented in court.

ScottGem · Sep 2, 2010, 09:33 AM

No, you are not liable for the debt, but she may be. If she signed the original contract, then she could be liable for the debts.

If this person calls again, tell him that you do not want any more phone calls from him. Tell him all future correspondence needs to be by mail. Ask for an address where you can send him a letter confirming that. You have that right under federal law.

C.GAguy · Sep 2, 2010, 09:47 AM

I didn't think so,

Thanks

beachloverjohn · Sep 2, 2010, 10:38 AM

Originally Posted by beachloverjohn

Hmmm. Sounds a little fishy to me. I'm not a lawyer, but you might want to check with one. I don't see how you can be responsible for your wifes debts. Now whether or not she is is a different matter.

Comments on this post
ScottGem disagrees : While not the case with this question, husbands CAN be held responsible for a wife's debts.

I was answering the OP question, and I was speaking directly to him when I said "I don't see how YOU {meaning ththe OP} can be responsible for your wives debts" which in itself was just an opinon anyway, I never said that "husbands can't be held responsible for a wife's debts" Of course they can in many cases, but I was only addressing this case, which in a later post was agreed to by Scottgem

ScottGem · Sep 2, 2010, 11:45 AM

Originally Posted by beachloverjohn

Comments on this post
ScottGem disagrees : While not the case with this question, husbands CAN be held responsible for a wife's debts.

I was answering the OP question, and I was speaking directly to him when I said "I don't see how YOU {meaning ththe OP} can be responsible for your wives debts" which in itself was just an opinon anyway, I never said that "husbands can't be held responsible for a wife's debts" Of course they can in many cases, but I was only adressing this case, which in a later post was agreed to by Scottgem

This site has a higher standard when answering question that involve technical issues. In this case, there is a matter of law involved. Your response was too ambiguous and vague.

C.GAguy · Sep 2, 2010, 04:57 PM

Starting to think this guy was a fraud. It is just not adding up for me. We have not been served a summons, or request for admissions or anything.

ScottGem · Sep 2, 2010, 05:17 PM

Comments on this post
beachloverjohn disagrees : it's not a technical issue, it's a legal issue

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Legal questions are considered part of the technical questions. Just like medical, scientific and others because there are specific right and wrong answers. We don't cotton to revenge reddies here. Its clear your negative comment was in revenge for mine. You picked the wrong person to do that to.

beachloverjohn · Sep 2, 2010, 11:58 PM

Originally Posted by ScottGem

Comments on this post
beachloverjohn disagrees : it's not a technical issue, it's a legal issue

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Legal questions are considered part of the technical questions. Just like medical, scientific and others because there are specific right and wrong answers. We don't cotton to revenge reddies here. Its clear your negative comment was in revenge for mine. You picked the wrong person to do that to.

First, I want to say that my disagreeing with you was only because I did not understand that legal issues were considered part of the technical questions. After going back and reading the guidelines, I realized I was wrong. I did not disagree to be veangeful, though I can understand why you would see it that way. I also undertand your basis for disagreeing with me on the earlier post, as my answer was more an opinion then a black and white answer. I was being very careful not to give what I thought would be perceived as legal advice to the OP as I am not a lawyer. I wish to apologize for my unwarranted negative comment.

And to the OP, all I was trying to do was be helpful. But as was correctly pointed out to me by Scottgem, answers to questions like yours do need to be more specific. So hopefully his answer gave you the direction you asked for.

ScottGem · Sep 3, 2010, 03:46 AM

Apology accepted

C.GAguy · Sep 3, 2010, 09:26 AM

Well today we received a letter from the attorney wanted to settle the account. My wife is all upset, and is ready to fold.

She has not been divirced from her ex for 20 years, she had filed bankruptcy twice since she was divorced from him and before she married me, now they are threatening to sue the both of us.

So I am thinking that she needs to send them a copy of her bankruptcy papers.

I need some strong advice here as to what to do.

Thanks

C.GAguy · Sep 3, 2010, 09:27 AM

I need to edit that post by saying that she has been divorced from her ex for 20 years.

ScottGem · Sep 3, 2010, 11:54 AM

If that debt is listed in the bankruptcy papers then, by all means, send them a copy telling them its been discharged by bankruptcy and to leave you alone.

Tell them also that since this debt was incurred by her ex-husband, before you and her were married that you have no responsibility towards this deb and if they do try to sue you, you will file a counter suit.