Legal Question in Credit and Debt Law in Utah

Spouse's Debt/I did not sign contract

My husband owes a Doctor bill that has been turned over to a collection agency. My husband is now in jail and the collection agency is calling me and threatening garnishment of my pay check if I do not pay them. I never went to this Doctor & I never signed anything. Can the collection agency hold me liable?


Asked on 1/26/05, 4:03 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Spouse's Debt/I did not sign contract

The collection agence cannot hold you responsible. It appears the agency is violating the Fair Debt Collection Practices Act. You may be entitled to damages for their misconduct. Please call for further information.

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Answered on 1/27/05, 10:58 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Spouse's Debt/I did not sign contract

do not let collection agencies "rattle you". their "job" is to more or less intimidate you into making payments, and often times they do so with illegal threats and do not even have the proper party of interest, which may be your case here. however, if they do have a legitimate claim against you and/or your husband, wage assignments can be a remedy they ultimately try to employ in trying to collect on an actual judgment. however, do not forget you have RIGHTS and protections here too! from the facts given, it is difficult to to ascertain whether or not you might be jointly/severally liable for your husband's debt. if this is NOT a community debt, then the collection agency's remedies may be very limited against you personally or your separate property per se. however, more facts would have to be submitted from you to see exactly how this debt came about, etc...you may want to SERIOUSLY consider consulting or retaining a debt negotiations and/or bankruptcy attorney here to go over your most viable options to prevail here, especially depending on the size of the medical debt allegedly owed. hope this has helped, and feel free to contact us directly if you are looking to retain legal counsel in this matter.

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Answered on 1/26/05, 4:16 pm


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