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04-27-2002, 12:48 AM
| | |  Colo. Judgment questions
Today I was served court papers for a civil judgment, listing my wife first, then my name- concerning several collection accounts. This is a result of her recurring inability to manage her finances. I am reasonably sure these debts came after I closed the joint bank accounts, and she has lost several of her own accounts since.
Is there any way I can separate myself from this judgment since I did not incur any of the debt? Or am I " guilty by association"? (which is only temporary now- She won't change her habits w/ money, refuses to help with bills at all, and I have run out of options- going to divorce atty. next.) |
04-27-2002, 08:41 AM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | Question? Is your name on any of these accounts? Did you open any of them? Did you apply for any of them jointly? Did you ever demand that the collectors ever validate the account? Lot of questions I know but, the answers will help with advice. |
04-27-2002, 05:46 PM
| | | | I was in no way tied to the accounts used to pay these debts. The only possibility is on two of them, they began as medical charges on insurance, which I carry through my employer. The collection agency is stalling, I think, & obviously not checking into my claim that I had nothing to do with these checks. I believe it may be a matter of convienence to the collectors, since I have a regular place of employ, while my wife works for her parents- with no w-2's used. |
04-27-2002, 06:17 PM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | Springer,
Ordinarily, I'd say do this yourself but, since a suit has been filed, time is of the essence. See a lawyer and have them send a sternly worded validation letter to the CA's lawyer asserting your rights under the FDCPA. Demand a document showing your signature on the applications. Also, the lawyer needs to get you a cointinuance to allow the CA to furnish the proof. They must comply within 30 days. |
04-27-2002, 07:42 PM
| | | | Would it not be enough to request a continuance by filing an answer to the court as provided? Also, does the statute of limitations vary- all but one of these items listed have dates from 2000. ( Debt collection practices act?) |
04-27-2002, 09:12 PM
| | Senior Member | | Join Date: May 2001
Posts: 6,454
| | | According to [url]www.creditinfocenter.com[/url] the SOL in Co. is 6 years. If you feel comfortable handling it yourself, go ahead. |
04-27-2002, 11:42 PM
| | | | Thanks for the info- I appreciate your taking the time. | |
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