Legal Question in Credit and Debt Law in New York

Step child's Debt

My husband's daughter, my step-daughter, had a medical bill when she was 19 years old that she has not paid. My husband and I are separated and working on a divorce. His daughter was never on my insurance and never lived with us. I have now received an income execution letter saying that I must pay this bill. Are there any steps I can take to protect myself? Thank you.


Asked on 7/21/05, 10:47 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Step child's Debt

(1) Based on the facts you relate, you are not legally responsible for your stepdaughter's bill.

(2) It's not clear what kind of "income execution letter" you received. If it's a letter that says that the biller has a judgment and will execute against your income unless you pay, then you need to make a motion to vacate the judgment. You can try to do this on your own, but you likely will not succeed, no matter how right you are. You will need an attorney. If it's a letter that says, essentially, pay up or else we'll sue you and collect the judgment out of your income, then your course of action depends on whether the biller complied with the Fair Debt Collection Practices Act...something no lawyer can determine over the internet. If they are in compliance, then you send back a demand for verification of the debt and a notice that you deny responsibility. If they are out of compliance, then you need to sue them. You also need to pull your credit report right away, and monitor it. Most debt collectors will derog your credit report right away, and you need to keep an eagle eye out against that nonsense, because they will happily trash your credit rating.

You should show the paperwork to your divorce lawyer. (You have a lawyer, don't you?)

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 7/21/05, 11:11 am


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