Laura Jean

Who can a creditor attempt to collect a debt from?

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I have had several issues where my debt, that is in my name ,has shown up on my husbands credit report and/or the Creditor or CA has attempted to get my husband to pay for the bill. Can they do this because I am a stay at home mom?

For example I had an overdue oil bill in my name only. I made a payment using our joint checking account. Does that mean they can sue my husband and have it show up on his report? The same oil company contacted my parents and threatened to put a lien on their house that we live in if we did not pay! I dont think they can do that either! Needless to say they sued us and were able to execute money out of our accounts and wiped us clean without ever notifiying us till after it happened. That made quite a few things bounce and the bank would not fix it.

I thought if the bill is in my name it is my problem, not my moms, or my husbands....

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yes and no. they can't call your parents except to get location information for you. they can't take their house, and that was big violation #1. some states allow spouses to be responsible for debt that is accrued by their partner during a marriage. i really really doubt that the creditor can place it on your husbands CR. the only time i think they can go after your spouse is if they already have a judgement and are trying to get money from joint accounts.

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Needless to say they sued us and were able to execute money out of our accounts and wiped us clean without ever notifiying us till after it happened.

A judgment creditor is not required to notify you of a bank levy and the bank can do nothing because all they are doing is following a court order. If judgment creditors notified people a levy was pending, everyone would clean out the accounts and the whole point is to get the money that you are not VOLUNTARILY paying thru the judgment. You knew they had a judgment and that is pretty much your LAST warning.

As for your hospital bills on your husband's reports, there is a thing called the 'doctrine of necessaries'. That means that each spouse is required to pay for the 'necessary' requirements of living for the other and dependent children, including healthcare. It doesn't have anything to do with community property either, lots of states follow this 'doctrine'

So, you need to find out if CT adheres to this doctrine and if it does it could be the reason your medical bills on your DH's reports.

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It seems that after talking with the CA who has my health bills, he said that it is CT law that my spouse is responsible for my bills and that is why they are on his report. But doesnt one of the laws state that if the bill is not yours that you can dispute it and have it removed? Or do they consider it his even if it is in my name? So they get to ruin both our credit with one bill?

:shock:

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