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Wage garnishment for Debt Collection

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CMSC

Senior Member
What is the name of your state? debt in Colorado, consumer in Nebraska.

I have a bill that has been disputed by me since I had a dental procedure done in August of last year. This collection agency called me in May '04 and said I could dispute the bill in writing, I did once again. Today I get a letter simply stating, " NOTICE OF EMPLOYMENT VERIFICATION: Payment has not been received, although demand has been made. Failure to make PAYMENT will force this office to notify your creditor that you are working and have refused to pay."

Now for starters, I am not working so I am not sure where they get this from. Secondly, I was told back in May that a judgement would be taken against my husband and they would report my bill onto his credit report and garnish his wages. He has never received any notification of wage garnishment and this bill is not in his name.

I am not sure how to proceed. Should I just mail them again, disputing it?

Thanks.
 


Ladynred

Senior Member
That 'notice' is a scare tactic, 'employment verification' doesn't mean much.
They can't do squat w/o suing and winning a judgment FIRST. CO is NOT a community property state (neither is NE), so they could NOT sue your husband or go after his wages, they can only sue YOU as the liable party. So, this collection agency is lying thru their teeth and making illegal threats of actions they cannot legally take - FDCPA violations are racking up.

Is the bill wrong ?? Did you have insurance ??

You can keep disputing and asking for VALIDATION, their continued collection would be more FDCPA violations.
 

CMSC

Senior Member
Ladynred said:
That 'notice' is a scare tactic, 'employment verification' doesn't mean much.
They can't do squat w/o suing and winning a judgment FIRST. CO is NOT a community property state (neither is NE), so they could NOT sue your husband or go after his wages, they can only sue YOU as the liable party. So, this collection agency is lying thru their teeth and making illegal threats of actions they cannot legally take - FDCPA violations are racking up.

Is the bill wrong ?? Did you have insurance ??

You can keep disputing and asking for VALIDATION, their continued collection would be more FDCPA violations.
Yes the bill is wrong because the dentist billed insurance incorrectly and refused to fix it, even after the insurance company asked him to resubmit it. They have never stated in writing they would sue my husband or take legal action against him, just over the phone.

What would we do if they somehow did garnish my husbands wages? You don't by chance have the statute that states they can't sue my husband? I had looked but can't locate it and would like to have it on hand in my files in case I need it.

Thanks!
 

Ladynred

Senior Member
Again, they can NOT sue your husband, he's not liable for the debt - his name isn't on it.

You really don't need the statutes that says they can't sue HIM for YOUR debts, any judge will certainly know that.

14-2-201. Married woman's own property.
Statute text
The property, real and personal, which any woman in this state owns at the time of her marriage, and the rents, issues, profits, and proceeds thereof, and any real, personal, or mixed property which comes to her by descent, devise, or bequest, or the gift of any person except her husband, including presents or gifts from her husband, such as jewelry, silver, tableware, watches, money, and wearing apparel, shall remain her sole and separate property, notwithstanding her marriage, and shall not be subject to the disposal of her husband or liable for his debts.
14-2-208. Wife may contract.
Statute text
Any woman, while married, may contract debts in her own name and upon her own credit, and may execute promissory notes, bonds, bills of exchange, and other instruments in writing, and may enter into any contract the same as if she were sole; and, in all cases where any suit or other legal proceedings are instituted against her and any judgment, decree, or order therein is rendered or pronounced against her, the same may be enforced by execution or other process against her the same as if she were sole.
Same holds true for married MEN. The statutes were written a long time ago when women had few rights.
 
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