have been receiving calls at work from these people re: my wife's old debt. It's not a joint account. My wife doesn't work, but they say that they can garnish MY wages due to our marriage. Is this true?
If it was not a joint account I don't see how they can do that, you need to have your wife send them a cease and desist letter, you can find samples of one on this page.
You should send them a letter also and let them know that you have nothing to due with this debt and that you want all collection activity geared toward you to stop immediately or you will pursue legal action against them.
If you have co-signed the debt, then only you are liable to pay it back if you wife somehow cannot pay it. But since it is your wife's debt for which you are in no way liable, they cannot bring judgment against you to garnish your wages. Marriage does not impose your wife's debt obligation on you and so you need not worry about it.
I agree with you Justin. If they call you again, ask them to send you a mail instead of calling you. If you receive a mail from them, send them a debt validation letter by certified post. I am sure they will not be able to validate the debt and so you will not be required to repay it. Now as far as Wage garnishment is concerned, the creditor can garnish your wages only when they sue you to the court and bring judgment against you. In this case since you are not responsible for the debt, the court will not give judgment against you.
Thanks! I have called an attorney about this but haven't been able to talk with her yet. The two people who are calling will not even tell me the origin of my wife's debt, ie, the creditor's name or amount. They just continiue to say, "It doesn't matter that you aren't on that account. You're married to her aren't you? So YOU are equally responsible! Now, you can set up an automatic draft and take care of it or WE will take it without your consent."
They won't give you this information because it is not your debt. So that also means it isn't something you can be held liable for. These places will use any type of scare tatic they can to get money.
Please take the advice given here and send them a cease and desist letter by certified mail. After that if they call you then you can legally sue them. If you need help finding a sample letter on our site just ask and we will direct you.
This is free of charge and will save you from the harassment.
No that can not be true. My credit isn't as good as my hubby's. Recently we went to the bank for a home equity loan and I was honest with them and said my credit had a couple bad marks. We REALLY needed this loan and could not afford to have it turned down. The bank lady was aware of this and said it would be best to leave my name of the loan app.
All I had to do is sign a paper allowing him to use our land and house to get the loan.
My crdit never came into play. Thankfully as of next year mine will be cleaned up besides one. That one will not fall off until @)!) but with all the positive accounts and only one neg. I hope it will make me a etter credit candidate.
It is a common thought. Most people do not relize that you and your hubby's credit are two different things. The only time they "mesh" is when applying jointly. Wonder where Good natured is hiding herself. She hasn't been on in a couple days. Think she had her fill of doughnuts? Or was it the coffee?
I swear GN I have answered this post and everytime I click on it the next time around I only see your old answer/ Mine for some reson doesn't stay posted. Ever have this happen?
You caught me....Anyway this is happening on alot of my posts. I just reanswered another one you responded to and seen that my last response wasn't there. Go figure.
If your wife is not able to repay her loan on time, it does not imply that you are liable for the loan until and unless you have cosigned the loan agreement. Even after your marriage if your wife has taken a loan personally but not jointly with you, you are not liable for it and the creditor cannot report it to the credit bureaus to get it listed in your credit report. If it happens, you can always send a dispute letter to the bureaus asking them to remove the listing from the report.
This is really good that they do things this way. I mean with the divorce rate and not being able to knw all your better halfs actions at least if you don't sign onto something then you can't be held for repayment.
Would a prenup have an agreement like that or is a prenup just a "who-gets-what" agreement. I guess though, it could probably contain anything you want in it.
I too think that one should always think before co-signing a loan agreement with the better half because if for some reason or the other they are separated, and the original debtor does not pay back the debt in full, the other partner may have to repay it back. Now if he is not able to pay it off, it may reflect in his credit report and may lower the credit score. Moreover, the creditor can also bring judgment against him and garnish his wage till the time the debt is repaid in full.
Are you saying you are looking for an "after-the-fact" pre-nup? In that case, I guess it wouldn't be a "pre-nup", but just a "nup" agreement :lol: ---Never heard of that one.
Just think we need to add a little humor here and there. This credit world is enough to drive a person insane. I know my stress levels have reached all time highs lately...seems a little humor guves a chance for a person to catch their breath.
Humor is my middle name (really, though its Jean--LOL). And yes, never take things like debt and credit more seriously than necessary---its not worth it.
Fact is we all have debts. It is a part of life. Whether it is a monthly phone bill, electric or charge cards. they all take cold hard cash to pay. I thin sometimes we let debt and our bills consume us, especially in times like these, and then we miss the pleasant days from carrying worry over from one day to the next. I use to be this person and sometimes still I am. I have been trying to retrain this stubborn mind of mine. I have been about 50% successful. I once read a book and seen this saying: "life isn't about waiting for the storm to pass, its learning to dance in the rain." Makes sense. don't you think?
Alright then---lets worry like there's no tomorrow! And yes---ya gotta have bills---the thing we don't have is da MONEY!
(sound real ed-ja-ma-cated don't I?) Why isn't my last name Rockefeller or Kennedy or Trump or.........
Consider yourself luck. They probaly got their own sets of problems...but then again they could probaly but their way out of them. In any case we are all surviviors so you just got to go on.
Very, very true---the only thing lots of money gets you is bigger bills EXCEPT with people like the above mentioned multi-millionaires who can pay off their debts. But, I don't see where their money has brought them true happiness (which as we all know money doesn't buy).
Ever watch one of those shows about lottery winners? The ones that were happiest were the ones who did not let the money take over and they kdept their lifestyles pretty much the same.
I would be one of those people. In my eyes no amount of money can or will last forever. Just cause you are sailing the high seas one day doesn't mean you have run of the ocean all your life. I would be one to save some for a rainy day. I imagine the biggest problem of having or winning money is that you would have constant visitors asking for money. In the end though you could write a book on all the stories you heard to from them.
Anyone these days getting extra money needs to sit an look at the long term. How many years do I have left and will this last ME. The worse saying I ever heard is "live like their is no tommorrow".
Years ago my mom was hurt in an auto accident and got quite a sum (it wouldn't be considered alot in todays economy). She doled the money out left and right. She is good hearted and tried to help people out. Now she is working her fingers to the bone at two jobs and nobody seems to remember the money "good old mama" lent.
Here to. I think more people need to look down the line to the future and also ask theirselves is this a person who would do the same for me, is there something I could pay off with this money, o how crucially does the other person truly need it.
Well if I get to the point where I have any extra, I will be rewarding myself, If I have been through all this and I have a few lessons that I have learned is that when people have given me a hand out that it has lessoned my motivation to do for myself, I think that the most helpful things that have helped me is to be forced to be frugal and forced to live with in my means. Experience is the best teacher and I would be happy to pass that lesson on to anyone if it would help them.
I can not tell you how much I agree with GN. She makes an excellent point. I recently have been faced with being extremely frugal and after the accident and no income from my part have sometimes seen us FLAT broke. This is the best eye opener there is and to be that far down, especially when it wsn't from your own doing , is very stressful.
Putting back for your own future ius the best thing. I would still want to help those who are closest to me and didn;t knock me down when I was at this point. I would just make sure I had all my debts paid.
Now if I hit it big at the lottery I have always told my husband after we figured what we needed to live and be comfortable I would start by setting up accounts for all the children in my family. If they went to college they could have immediate access but if not they would have to wait until they turned like 25 and learned a few life lessons and to learned to support them selves. After that all the others in the family would get.
I think that giving a child a strong work ethic is the best gift you could give them, all the money in the world is not going to help them, it would cause more harm than good. I would definately put some away for college but to me even 25 would be too young unless they have completed their education. then I may consider it.
Sometimes you are brought down to your very knees and be that desperate and think that this is the worst things can be. I heard once that God puts people in that position sometimes because that is when they willl usually listen to him.
Any of you lottery winners want to adopt a slightly old (53) grandma with a few (dozen) extra pounds? LOL
You gotta deal kid---I was lucky to have my grandma until about 10 years ago (she was 90 when she died). I hope I live to a ripe old age for my 2 granddaughters.
Prefer extra ripe here just give me a little botox along the way. My one Grandma I don't remember from my moms side but from my dad's she was a real winner I tell ya. It was my first understanding of the word hypocrit.
LOL---I delivered the eulogy at my grandma's funeral and had everyone in stitches cause I remembered all her little traits and habits and especially her letting everyone know exactly where they stood with her. Definitely not a hypocrite!
I must have got a doosy. Mine was never there for us kids even though we lived right across the road. She was raising another grandchild and always made it some competition thing. If we got a new bike her grand daughter would get a newer and nicer one even if hers was in prfect shape.
Even after my mom left and I need "personal" items and felt funny asking my dad she would turn me away. I found my best friends mom was an angel in disguise. She just bought things I needed without me asking and never called attention to it. She probaly knew how embarrassd I would be.
If it was not a joint account I don't see how they can do that, you need to have your wife send them a cease and desist letter, you can find samples of one on this page.
You should send them a letter also and let them know that you have nothing to due with this debt and that you want all collection activity geared toward you to stop immediately or you will pursue legal action against them.
Hi rshaygood
If you have co-signed the debt, then only you are liable to pay it back if you wife somehow cannot pay it. But since it is your wife's debt for which you are in no way liable, they cannot bring judgment against you to garnish your wages. Marriage does not impose your wife's debt obligation on you and so you need not worry about it.
I agree with you Justin. If they call you again, ask them to send you a mail instead of calling you. If you receive a mail from them, send them a debt validation letter by certified post. I am sure they will not be able to validate the debt and so you will not be required to repay it. Now as far as Wage garnishment is concerned, the creditor can garnish your wages only when they sue you to the court and bring judgment against you. In this case since you are not responsible for the debt, the court will not give judgment against you.
Threats by Danels and Norelli
Thanks! I have called an attorney about this but haven't been able to talk with her yet. The two people who are calling will not even tell me the origin of my wife's debt, ie, the creditor's name or amount. They just continiue to say, "It doesn't matter that you aren't on that account. You're married to her aren't you? So YOU are equally responsible! Now, you can set up an automatic draft and take care of it or WE will take it without your consent."
They won't give you this information because it is not your debt. So that also means it isn't something you can be held liable for. These places will use any type of scare tatic they can to get money.
Please take the advice given here and send them a cease and desist letter by certified mail. After that if they call you then you can legally sue them. If you need help finding a sample letter on our site just ask and we will direct you.
This is free of charge and will save you from the harassment.
I thought once you were married, your credit rating became one.
No that can not be true. My credit isn't as good as my hubby's. Recently we went to the bank for a home equity loan and I was honest with them and said my credit had a couple bad marks. We REALLY needed this loan and could not afford to have it turned down. The bank lady was aware of this and said it would be best to leave my name of the loan app.
All I had to do is sign a paper allowing him to use our land and house to get the loan.
My crdit never came into play. Thankfully as of next year mine will be cleaned up besides one. That one will not fall off until @)!) but with all the positive accounts and only one neg. I hope it will make me a etter credit candidate.
Well, that sure is interesting. I thought they just kind of meshed together. Maybe I am thinking of COMMUNITY PROPERTY!! HA!
It is a common thought. Most people do not relize that you and your hubby's credit are two different things. The only time they "mesh" is when applying jointly. Wonder where Good natured is hiding herself. She hasn't been on in a couple days. Think she had her fill of doughnuts? Or was it the coffee?
Maybe she robbed a Starbucks (j/k) :P
I am really surprised about the credit thing---I'll have to remember that.
I could use some coffee.
And we are back to food!----have you been in our various food threads erb? I have a theory regarding food in these forums. :)
Do I dare ask what that theory is Lorri? Starbucks sounds pretty good right now. Venti triple mocha and three shots of espresso...PLEASE.
Okay Lorri I will let you answer that last post..your scone is on the way,.
can I have a scone too?
I swear GN I have answered this post and everytime I click on it the next time around I only see your old answer/ Mine for some reson doesn't stay posted. Ever have this happen?
Quit making excuses just to get a free scone!
You caught me....Anyway this is happening on alot of my posts. I just reanswered another one you responded to and seen that my last response wasn't there. Go figure.
If your wife is not able to repay her loan on time, it does not imply that you are liable for the loan until and unless you have cosigned the loan agreement. Even after your marriage if your wife has taken a loan personally but not jointly with you, you are not liable for it and the creditor cannot report it to the credit bureaus to get it listed in your credit report. If it happens, you can always send a dispute letter to the bureaus asking them to remove the listing from the report.
This is really good that they do things this way. I mean with the divorce rate and not being able to knw all your better halfs actions at least if you don't sign onto something then you can't be held for repayment.
Would a prenup have an agreement like that or is a prenup just a "who-gets-what" agreement. I guess though, it could probably contain anything you want in it.
I too think that one should always think before co-signing a loan agreement with the better half because if for some reason or the other they are separated, and the original debtor does not pay back the debt in full, the other partner may have to repay it back. Now if he is not able to pay it off, it may reflect in his credit report and may lower the credit score. Moreover, the creditor can also bring judgment against him and garnish his wage till the time the debt is repaid in full.
Lorri, I am not sure how prenups work. I never really had anything until after I was married but now you have me thinking???
Are you saying you are looking for an "after-the-fact" pre-nup? In that case, I guess it wouldn't be a "pre-nup", but just a "nup" agreement :lol: ---Never heard of that one.
Post nup????lol Okay now I had enup....I am retiring for the night.
You are TOO funny---if ya make ME laugh--then you are GOOD!!!
Just think we need to add a little humor here and there. This credit world is enough to drive a person insane. I know my stress levels have reached all time highs lately...seems a little humor guves a chance for a person to catch their breath.
Humor is my middle name (really, though its Jean--LOL). And yes, never take things like debt and credit more seriously than necessary---its not worth it.
Fact is we all have debts. It is a part of life. Whether it is a monthly phone bill, electric or charge cards. they all take cold hard cash to pay. I thin sometimes we let debt and our bills consume us, especially in times like these, and then we miss the pleasant days from carrying worry over from one day to the next. I use to be this person and sometimes still I am. I have been trying to retrain this stubborn mind of mine. I have been about 50% successful. I once read a book and seen this saying: "life isn't about waiting for the storm to pass, its learning to dance in the rain." Makes sense. don't you think?
Yes it does----life is too to short to waste time worrying about crap like bills.
To live you got to have them so why spoil the party...
Alright then---lets worry like there's no tomorrow! And yes---ya gotta have bills---the thing we don't have is da MONEY!
(sound real ed-ja-ma-cated don't I?) Why isn't my last name Rockefeller or Kennedy or Trump or.........
Consider yourself luck. They probaly got their own sets of problems...but then again they could probaly but their way out of them. In any case we are all surviviors so you just got to go on.
Very, very true---the only thing lots of money gets you is bigger bills EXCEPT with people like the above mentioned multi-millionaires who can pay off their debts. But, I don't see where their money has brought them true happiness (which as we all know money doesn't buy).
Ever watch one of those shows about lottery winners? The ones that were happiest were the ones who did not let the money take over and they kdept their lifestyles pretty much the same.
I would be one of those people. In my eyes no amount of money can or will last forever. Just cause you are sailing the high seas one day doesn't mean you have run of the ocean all your life. I would be one to save some for a rainy day. I imagine the biggest problem of having or winning money is that you would have constant visitors asking for money. In the end though you could write a book on all the stories you heard to from them.
Anyone these days getting extra money needs to sit an look at the long term. How many years do I have left and will this last ME. The worse saying I ever heard is "live like their is no tommorrow".
Years ago my mom was hurt in an auto accident and got quite a sum (it wouldn't be considered alot in todays economy). She doled the money out left and right. She is good hearted and tried to help people out. Now she is working her fingers to the bone at two jobs and nobody seems to remember the money "good old mama" lent.
I know I would be very frugal. I would want to help others out, but I would have big stipulations, etc.
Here to. I think more people need to look down the line to the future and also ask theirselves is this a person who would do the same for me, is there something I could pay off with this money, o how crucially does the other person truly need it.
Well if I get to the point where I have any extra, I will be rewarding myself, If I have been through all this and I have a few lessons that I have learned is that when people have given me a hand out that it has lessoned my motivation to do for myself, I think that the most helpful things that have helped me is to be forced to be frugal and forced to live with in my means. Experience is the best teacher and I would be happy to pass that lesson on to anyone if it would help them.
good point erb, experience is definately the best teacher.
I would set up some type of foundation and trust funds for my immediate family AND definitely college funds for my granddaughters.
I can not tell you how much I agree with GN. She makes an excellent point. I recently have been faced with being extremely frugal and after the accident and no income from my part have sometimes seen us FLAT broke. This is the best eye opener there is and to be that far down, especially when it wsn't from your own doing , is very stressful.
Putting back for your own future ius the best thing. I would still want to help those who are closest to me and didn;t knock me down when I was at this point. I would just make sure I had all my debts paid.
Now if I hit it big at the lottery I have always told my husband after we figured what we needed to live and be comfortable I would start by setting up accounts for all the children in my family. If they went to college they could have immediate access but if not they would have to wait until they turned like 25 and learned a few life lessons and to learned to support them selves. After that all the others in the family would get.
I think that giving a child a strong work ethic is the best gift you could give them, all the money in the world is not going to help them, it would cause more harm than good. I would definately put some away for college but to me even 25 would be too young unless they have completed their education. then I may consider it.
I agree, that is the most important thing to pass onto the next generation, they need to be helping build up that social security fund. lol
Sometimes you are brought down to your very knees and be that desperate and think that this is the worst things can be. I heard once that God puts people in that position sometimes because that is when they willl usually listen to him.
Any of you lottery winners want to adopt a slightly old (53) grandma with a few (dozen) extra pounds? LOL
gladly lorri, my grandma's all left me young, so yeah, I would adopt you. :D :D :D :D
You gotta deal kid---I was lucky to have my grandma until about 10 years ago (she was 90 when she died). I hope I live to a ripe old age for my 2 granddaughters.
Prefer extra ripe here just give me a little botox along the way. My one Grandma I don't remember from my moms side but from my dad's she was a real winner I tell ya. It was my first understanding of the word hypocrit.
LOL---I delivered the eulogy at my grandma's funeral and had everyone in stitches cause I remembered all her little traits and habits and especially her letting everyone know exactly where they stood with her. Definitely not a hypocrite!
I must have got a doosy. Mine was never there for us kids even though we lived right across the road. She was raising another grandchild and always made it some competition thing. If we got a new bike her grand daughter would get a newer and nicer one even if hers was in prfect shape.
Even after my mom left and I need "personal" items and felt funny asking my dad she would turn me away. I found my best friends mom was an angel in disguise. She just bought things I needed without me asking and never called attention to it. She probaly knew how embarrassd I would be.