premarriage debt liability

Was he somehow listed in the hospital paperwork as the father? Did he sign anything on check in?

i am pretty sure he is listed as the father in hospital records. what does check in mean; at the hospital or regarding serving papers?

Check-in at the hospital.

What state do you live in? Generally, debt accrued prior to marraige is considered seperate. If you were carried on his insurance at the time however, they might be able to go after him.

hi again. so apparantly they CAN garnish my husband because we were served garnishment paperwork this saturday. it was mailed to us. Now, my question is, how do i go about proving financial hardship? they will garnish the full 25% which we won't even have left from our income after bills are paid, meaning we won't eat... or pay other bills. I am pregnant too, which just makes this all that much more stressful. So do we contact the company that is garnishing about our financial situation or go to the curcuit court where the garnishment was filed? Do we need a lawyer, obviously we can't afford one! As i said earlier we are also paying back Oregon taxes (we live in Oregon), and if we stop payments they will attempt to garnish. Any help in this matter would be gold to me! Thank you!
eirin

I am not sure, but if your wage is already garnished for taxes, you can't have a second garnishment at the same time.

Did you go to court over this already? They can't even garnish without a court order and so they would have had to serve you papers with a court date. Did you go? I am sure that a spouse can't be held liable for something before the marriage, weather he is the daddy or not. This was a debt incurred by you, so it was YOU who should have been served...I am just wondering on what happened in court.

we aren't being garnished yet for oregon taxes but it will happen if we stop payment. we haven't gone to court, either. we were just served the garnishment papers on saturday and it named my husband as the garnishee so i could either try to prove his income is excempt from garnishment as it is my debt, not his. or try to prove financial hardship. I need to contact them today about this so any help is MUCH appreciated! thanks!

You have to go to court and lose in order to have your wages garnished by a collection agency.

I am not talking about the taxes, but the garnishment from the CA. They sent you garnishment paperwork? They can't do that because they have to sue you first. Something is not right about this. Besides, since when are garnishment papers sent to the person, usually it is sent to the payroll of the employee.....they might be trying to pull a fast one. Find out if they snuck a default judgement by you...if they have, contact the court immediately and have it vacated for improper service...they can't just garnish you out of the blue.

My husband was served a claim against us on September 24 at work, from the curcuit court filing a judgment against us. We had a certain amount of time to respond and now we have been mailed the garnishment papers. The payroll deptartment for my husband's employer has not recieved the garnishment papers yet, though. The claim sent on Sept. 24 stated thatin we do not respond within 14 days the plaintiff (the collector) may request a default judgment. That is what has happened.

You should have appeared in court, it seems that they won by defaul for you not appearing.

Yeah, unfortunately that sounds like the case. It is always a bad idea to skip going to court, because 9 times out of ten, when you demand validation during discovery, they can't provide it and you can get the suit tossed out, sometimes permanently.