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CAll from a lawyer to collect debt

Date: Fri, 01/18/2008 - 02:26

Submitted by anonymous
on Fri, 01/18/2008 - 02:26

Posts: 202330 Credits: [Donate]

Total Replies: 7


Ok I have a question I live in Arizona and I recieved a call from a person claiming to be a lawyer telling me they were trying to collect a credit card debt from me of about 6000 $$$. The debt is from my wife who I have been separated from and had nothing to do with debt, she bought a car with the card and has nt made a payment in 2years. I'm not sure how the law works since were still married am I responsible for this debt. They threatened wage garnishment, can they do this without taking me to court??


Nelly has the right of it. Send them a letter demanding validation of the alleged debt in full. Send it certified mail, return reciept requested, then keep a copy and the little green sig card to prove they got it. You might also want to include a partial cease-and-desist in that letter, limiting them to written communications only in the future.

As to wage garnishment, they can't do that without a court order. Not even in Arizona. Just threatening you with it is a violation of federal law all by itself.


lrhall41

Submitted by unclewulf on Fri, 01/18/2008 - 06:58

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Also check and see if your state is a community property state...if separated you may not be responsible for her debts, but you will have to look into that..don't take the word of a CA..they lie every time they open their mouth (most do at least)

If she is using a card with your name, you should cancel it or report it stolen and get a new one...if joint, see about getting your name taken off it.


lrhall41

Submitted by goldenbast on Fri, 01/18/2008 - 08:43

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got a call from burgess law office yelling at me that they were going to sue me for a debt. they have not sent me anything on paper


lrhall41

Submitted by on Fri, 01/18/2008 - 10:35

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You are not liable for your spouse's debts. However, any community property you have may be used to satisfy a judgment against a spouse. Community property is any property aquired during a marriage. You are married until divorced (not separated).

If you are divorced, current wages are not community property.


lrhall41

Submitted by on Mon, 01/21/2008 - 14:32

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