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Collections Law/Debt Collector served SPOUSE for my debt?
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Question
I was not home this morning, and my spouse was served a summons for my
debt, with only my name on it. He is not a party to this debt (old cc). He was
given the summons, the woman did not identify herself, just said "you've been
served". The summons was open, not in any envelope or anything. Can they do
this? My husband panicked and thinks he is being sued too.
Yes, that is a perfectly legal service of summons. So now you have XX number of days to respond to that summons and complaint or they will get a default judgment. If you live in a community property state they can go after your husband's money too. So what do you plan to do about it? How will you answer the summons?
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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