Pre-marriage debt

Just a quick note, I'm asking because since she has no income then sueing her would be ineffective because they wouldn't have any access to wages (mine) or assets (like we have any) and would be more likely agree to me paying them off at a lower point.

From everything I've read the answer seems to be that under Michigan law (since it is not community property) I am not liable. However, under Wisconsin law (which is community property I would be.

I am just hoping I can get some clarity to the issue.

I also have noticed that refusing to pay seems to be the grounds for getting a judgement. The original creditor just contacted her about a payment plan (which was impossible, especially over the phone, while I was at work), and have contacted them back with a settlement offer.

Is there any reason to pursue this further with the collection agency right now? Should I send them a letter saying I am talking to the creditor? Should I send them a fax? Certified with return receipt?

Sorry for all the questions, this is just a bit stressful....

As this debt of your wife is before the marriage, chances of you being liable for it are very slim. But there might be some conditions in which you can be held liable. I am assuming that you have never signed for this debt when it was incurred. You were complete unaware about it from the beginning. There is an important thing you need to consider here. Is this debt time barred? If the account has taken place long time back or if it is past the SOL period, your wife has the legal rights to refuse payment on this?

If this debt would have taken place after your marriage and even if you wouldn't have signed for it, you could still have been held responsible for paying it. Marriage is like a partnership with each of you jointly liable for any debts incurred during the marriage.

Have you purchased something together to tie your credit to hers?

You need to tell your wife to call the creditors and state that it is ok to discuss with you. If it is at a collections agency and the origional lender does not want to deal with you they will rout you to the correct place.

A good stalling tatic is to send in a written request for a debt validation letter. It's also good to have these letters for legal purposes.

Dell will not reposess the PC. They give you 30 days to return it after that they consider you (your wife I mean) responsible. The good news is that Dell recently recalled most of their outside agency accounts back to their inhouse agency for collections. You should have an easier time on working out a plan, should you wish to pay this out.

The advantages of working a plan out to get this paid off are many if you don't own a home because that would tie both of your credit together or if you want to buy a new car, get a loan.. at some point in your lives together. It's easier to nip things quickly than to pay for them down the road if you are able to do so. If not then don't try and force it or let anyone force you into anyhting. Make sure you and your family's needs will be met before making any arrangements if you decide to get it taken care of.

FYI, your participation in the collection forum is so helpful. Those who read it know how much worth it is. But I think, you don't like us?? you express your valuable comments and leave. Never talk with anyone here. Friends???

I stumbled on this site while searching the companies name I work for. After a detailed search I found only two complains and even those complaints were mostly at the consumers fault because they were angry at being in collections. I will not release the companies name.

I am a debt collector. I follow the rules and keep my nose clean. I work pre-charge off credit cards. I'm also a wife and a mother and I wish that I had someone like me giving me advice or being a little more understanding and helpful when I was in debt.

I enjoy helping others. I do not have any friends on this forum because I try and keep my feelings out of my advice and go on what I know.

FYI,

Its nice to have a debt collector on here that doesn't bash us and make us feel worse than we already do. I have read several of your posts and they have been very helpful. I wish all collectors were as nice as you. I have dealt with many collectors that have threatened arrest, taking my kids away, etc. I am so glad you and Ari are aboard to help people.

FYI, thanks for sharing your info with us. It is nice to know that there are collectors that follow the rules. I agree with the other comments here that your posts are always very helpful and I am also glad you are here!

Sue

FYI, now, if you feel comfortable, you can share your valuable time with us along with helping others. You might have felt how we all form a chain and jump to help others in need. You can also join us and be an important hook. You will feel good. We all have fun here and stay happy for a while amidst our personal problems and stuff. Enjoy. There is a Pub forum also. We all have fun there. We will like your participation over there also.

Hey guys, let's announce and welcome him in the pub, what do you all say? :)

(I hope you won't mind if we make the announcement, FYI.)

I wouldn't mind but please don't be offended if I don't respond quickly. I was recently handed a promotion and I work many hours per week.

You really are dealing with multiple but somewhat related issues. The first, and most important is that if you have a healthy honest marriage, then there should be no classifying the debts as "mine" or "hers". It really doesn't matter whether you have purchased anything together to "link" your credit (which really is misleading). I assume, you like most people are perusing the American Dream, which includes houses cars, etc. Chances are when you go to buy a house, when the lenders underwrite your mortgage, they will either out right deny the loan on the grounds of her delinquent or unpaid accounts, or they will issue the loan on the condition that those accounts are satisfied and you can show proof of that prior to closing. Either way it will affect you as a couple, and as a couple you will have to figure out something to take care of the problem.

Debt can take unseen tolls on marriages , as it creates friction between husbands and wives. Rather than trying to compartmentalize the debt as hers (especially knowing that she has no way to pay it now and letting that breed resentment later), you are better off to to accept that its there and begin working a plan to pay it along with your bills and your household bills.

Yes somethings may have to be put to the side for a while until things ease up a little (depending on your situation), but your relationship will be better off in the long run for it.

To answer your original questions, Legally you can not be held responsible for her debts incurred prior to her marriage, but ethically and spiritually, thats the least of the concerns here.

There a gentleman named Dave Ramsey who has a talk show about debt, and also talks about couples (and families) and managing their finances. You may want to see if his show is carried in your area and listen in. If it's not on the radio there, you can also listen via his website at daveramsey.com ( you can also look on his website to see if a station in your area carries the show).