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Yes, unless you can prove the debt is the express responsibility of the other party. In most cases this would be proven in the form of official divorce papers from the court that specifically address that specific debt, otherwise the spouse is also responsible.
Wiki User
∙ 14y ago
Wiki User
∙ 11y agoAnybody can sue anybody for anything...
However, unless you live in a community property state, your husband is not liable for any debt that he did not sign up for.
IMPORTANT: if a creditor or collection agency does commence any legal action against your husband who is not legally a party to the debt, then your husband will have to defend himself otherwise the creditor can obtain a default judgment against your husband.
A default judgment can happen if your husband fails to answer the law suit.
The court will simply find your husband in default for failure to respond and enter a judgment against him in favor of the creditor.
The creditor can then begin to garnish earnings or attach any other assets that can be located.
If your husband is not legally obligated to pay the debt, then the best first thing to do is to send the collection agency a letter and communicate that fact to them.
The above information should not be construed as offering legal advice.
Wiki User
∙ 11y agoYes. Most of the time, it will undergo to some legal process or even a court order.
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Can a collection agency sue for unpaid credit card debt?
yes
Can you sue a collection agency for collecting more than the original debt?
yes
Can a collection agency sue if you do not refuse to pay?
If you are not refusing to pay and you pay the debt, they would have no reason to sue you. If you refuse to pay a valid debt, they may advise their client to sue you depending on what state you are in and what the laws are there. Some states only allow original creditors to sue and not the collection agency.
In Arkansas can a collection agency sue you if the original creditor accepts payment on the debt?
If the debt was sold to a collection agency and the original creditor accepted payment AFTER the debt was sold, the money does not belong to them. If, however, you paid the debt and it was mistakingly sol after that payment, the collection agency can't try to collect. If you have proof of payment, forward it to the collection agency and deman in writing that they cease trying to collect this debt.
Can a credit card company or debt collection agency sue you for an unpaid debt if you no longer live in the country where the debt was incurred?
Yes
Can a collection agency sue for a 'charged off' debt?
Yes, the term "charge off" does not render the debt invalid or uncollectible.
Can a collection agency try to collect a debt after 7 years?
They can send you a letter, but they cannot sue you.
Can debt collection agencies sue in North Carolina?
This is a misnomer. When an account is sent to debt collections, the collection agency does not typically own it. They are simply acting on the part of the lender or creditor. When judgment is sought on a bad debt, it is the lender who is suing. They are perhaps doing so through the collection agency and the lawyer they have under contract, but it is not the collection agency who is suing.
Can a collection agency sue to collect an old debt?
If the debt has not been paid on in more than seven years than no. Otherwise yes.
You paid off your car debt and the collection agency still has not sent your title?
Sue them for wilful noncompliance and harassment.
Can you be sued by the original creditor if they have already sold your case to a collection agency?
If they've sold your case to a collection agency, they have been "paid" for your debt with the money the collection agency gave them for your case, so, no, they can't legally sue you - as far as I know.
Can a collection agency sue for under 300 dollars in Tennessee?
Yes, there is no minimum or maximum amount of debt required for a lawsuit to be pursued.
