Legal Question in Credit and Debt Law in Utah
judgement for bad checks
My husband received a summons to appear in court for some bad checks his first wife wrote on an account they both had while married. At the time they were seperated, had already filed for divorce and tried to take his name off the bank account but couldn't because she was the main signer. The collection company that is sueing him is saying he is still liable for these checks. Can he be held liable hand have a judgement filed against him for these bad checks?
1 Answer from Attorneys
Re: judgement for bad checks
Not if he can prove that she wrote the checks without his knowledge and approval. He will have to bring copies of the checks and testify that she wrote the checks without his knowledge and approval. He should also show that she had control of the account, used it most of the time, and that he attempted to restrict his liability.
You should also counter sue the collection company for violations of the Fair Debt Collection Practices Act (attempting to collect from a non-liable party; abusive collection tactics (threatening suit when he is no liable) and for abuse of process and wrongful suit. Counter sue for punitive damages, plus your lost time from work.
Note: if this is small claims you must appear or a judgment will be issued against you; if this is district court you will have to file an answer within 20 days of service, or judgment will be issued against you.
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