me, my wife, her ex, his debts...

What is the name of your state? Oregon

My wife & I have been summoned to small claims by a debt collector seeking to collect numerous medical bills. On contacting the collection agency they have refused to validate the bills but did let slip at least one is for a debt incurred by my wife's ex husband. I have sent certified mail to the agency requesting copies of all bills. My questions are:

Can i be sued for debts incurred by my wife's ex husband during their marriage?

Can she be sued for debts incurred by him after their divorce?

If the collection agency continue to not validate the debts can we ask for the claim to be dismissed?

At least one debt claimed (a small % of the total) belongs to my wife. How should we handle that?

Is there any action I can take (presuming their action against me is unlawful) against the collection agency for distress or time/effort taken to investigate this, by way of counterclaim or issuing my own summons?

Thanks, Jon.

[Ladynred]

[Can i be sued for debts incurred by my wife's ex husband during their marriage?]

** NO

[Can she be sued for debts incurred by him after their divorce?]

*Unlikely. Why are they coming after her/you for this ? Was your wife the primary on insurance he used or something similar ? Did she sign for anything regarding HIS treatment ??

[If the collection agency continue to not validate the debts can we ask for the claim to be dismissed?]

Yes.

[At least one debt claimed (a small % of the total) belongs to my wife. How should we handle that?]

**Figure out exactly what HER portion of it is and pay it. If you can pay the PROVIDER, not the collection agency, then do so.

[Is there any action I can take (presuming their action against me is unlawful) against the collection agency for distress or time/effort taken to investigate this, by way of counterclaim or issuing my own summons?]

**Sure, you can countersue, but you have to have some legal gounds to stand on and distress probably won't do it. FDCPA violations will.

Originally posted by Ladynred

[Can she be sued for debts incurred by him after their divorce?]

*Unlikely. Why are they coming after her/you for this ? Was your wife the primary on insurance he used or something similar ? Did she sign for anything regarding HIS treatment ??

~~ No. He has filed chapter 7 twice, and now chapter 13. At least one bill is from a co. we have never had any dealings with.

[If the collection agency continue to not validate the debts can we ask for the claim to be dismissed?]

**Yes.

~~ is there a specific procedure or time frame for doing that? Or can we just write to the court denying the claim and asking for dismissal etc?

**Sure, you can countersue, but you have to have some legal gounds to stand on and distress probably won't do it. FDCPA violations will.

~~ Do you have a weblink where I can research that more?

Thanks for all advice - very helpful and mostly what I hoped to hear

[Ladynred]

If this CA is after you and your wife for bills that that she had nothing to do with, then they're reaching.. and I'd say they're out on a limb. If they have not validated before court, they're going to have to prove she has any liability IN court.

Make sure you Answer the Complaint with a general denial of all their claims.

For FDCPA violations, go read the Act here:
[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

For info on how to file your Answer to the lawsuit, try these sources:

[url]http://www.nwjustice.org/docs/205.html[/url]

[url]http://www.legalhelp.org/affirmative_diffense.htm[/url]

[url]http://www.legalhelp.org/answering_complaint.htm[/url]

I have one more question...

The court summons arrived on two identical copies. I read that both named people should submit a response. Should we submit identical responses to/with each copy?

Thanks

[Ladynred]

Yes.

More questions (sigh)...

The CA has now responded to my requestion for validation but have not forwarded validation of all amounts they are claiming. They have sent print outs for all but the debt that appears to be from her ex and after their divorce. However, they are still claiming that debt on the summons. is this ommision grounds to request the case be dismissed or otherwise?

Also, can I be held liable for debt incurred by my wife prior to our marriage, especially if i was unaware of it?

Finally, can I be held liable for her children's (minors) debts incurred prior to our marriage (the kids are from her first marriage)?

Also, just wanted to say thank you to those who respond - i'm grateful people like you are out there

[bigun]

I'm not understanding how this ca is figuring out who to sue. Oregon is not a community property state and you've no liability for any debt but your own.
I'd suggest seeing a lawyer about crossfiling for abuse of process plus, a few FDCPA violations.