Am I responsible for my 'absent' spouses debts

[bobbi lennon]

What is the name of your state?What is the name of your state? CO
I am being garnished for my husbands medical bills. We have not lived together since Jul 2000. I was not served and had no knowlege of the existence of these bills. He is not working and the collectors can't find him as he lives with his girlfriend and everything is in her name. I am trying to take care of our two girls and all the responsibilities associated and I am not financially stable enough to handle this garnishment. Is there any recourse or action I can take?

 

[Ladynred]

Why are YOU being garnished for HIS bills ????

When did he incur these bills - before or after your divorce ??
If before, did you sign any papers for the medical services, or did you have insurance that he used ???

When did the garnishment start ?
When was the lawsuit filed and judgment entered and was your name on the lawsuit ??

You can always appeal the garnishment if its going to cause you hardship and you can prove it.

 

[bobbi lennon]

That's the problem ...

My state is Colorado.

We are not divorced, just not living together. Yes, my name was on the papers that our HR dept showed me. The fact I wasn't served doesn't seem to matter. They had my home address as well as the address he was living at at the time. No, I have no insurance, my company can't afford group insurance.
How do you appeal a garnishment? Do I need a lawyer? The monies will start being deducted this week.

 

[Ladynred]

The first thing you should do is get a copy of the judgment case file, it will include a proof of service. That will tell you when, where, how, and to whom the summons was served. The rest will tell you EXACTLY what you're being sued for, how much, etc. So call the court clerk and ask for a copy of the file. If you can go there, even better.

Then I'd ask if there are any forms for you to use to file an appeal to the wage garnishment.

You say you have no insurance. Does that mean there was no insurance at the time he was treated ??

If so, then DID you sign any papers at the hospital that said you agreed to be responsible for the bill ??

 

[bobbi lennon]

My state is Colorado.
Thank you, Ladynred, for you guidedance. I will contact the county clerk today. No, there was no insurance at the time of treatment and I not only did not sign anything, I wasn't even there.
This is all so complicated. My husband and his girlfriend always treated my place as their home away from home. They were apt to arrive after I left for work, (the girls always gave their dad his way and never made a fuss), where they would eat, take showers, do their laundry and basically hang out and watch TV. They used my name and social to get their cell phone. I found out when one day I called myself (caller ID). They would be gone by the time I got home. I now have a 'no contact' order against both. Now, to be garnished for his debt is like adding insult to injury.