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Is it legal for a debt collection agency to discuss your debt with your landlord?
In general, debt collection agencies are required to follow the Fair Debt Collection Practices Act, which prohibits them from discussing your debt with third parties, such as your landlord, without your permission. If a debt collection agency is sharing information about your debt with your landlord without your authorization, they may be violating the law.
Is your spouse liable for medical debt that occurred before a marriage?
No. Your present spouse had no legal responsibility for you before you were married.
Are there state restrictions regarding talking to a spouse when a debt is concerned?
Yes. Minnesota, Iowa, and New Hampshire are spousal restriction states. A debt collector calls your house, and your spouse answers, they cannot discuss the account with your spouse, even if they claim they are your spouse. The reason is because anyone can claim to be your spouse.
If you owe debt and you and your spouse have separate bank account can the debtor garnish wages from your spouse bank account?
That depends on the nature of the debt and the laws of your state. You should seek the advice of an attorney to discuss your exposure.
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
Is the person who rewarded a life estate resposible for decedents debt?
That will depend on the relationship. If it is a spouse, there is likely to be a legal responsibility.
Are you responsible for debt incurred by an LLC in which your spouse is a partner?
No - but - your spouse is ! In the event of legal action to recover the debt, any judgement could affect any joint assets (bank accounts etc) held in both you and your partners names.
Will your spouse have to pay for your debt if you stop paying on it?
If your spouse co-signed the debt, they will have to pay your debt. In most cases, the answer will be no, it is your debt and you are responsible.
Is it legal for a spouse who served divorce papers to her spouse to them use a durable power of attorney in the name of the spouse being divorced?
It is legal, however any descision made with the PoA can and (unless benificial to the divorced spouse) probably will be overturned by the courts during the process of divorce. If the spouse has gotten a legal withdraw if the PoA then no, it is not legal. Any debts accrued do to use of the PoA during a divorce will most likely be turned over to the person who accrued the debt, reguardless of the PoA.
Should a public notice be posted for outstanding debt of a dead spouse?
Whether you believe it should or shouldn't be, in many cases it is a legal requirement in the debt collection process and can't be helped.
Who is responsible for your deceased spouse's credit card debt in Texas?
Texas is a community property state and the issue of marital debt is complexed as it is not considered a "true" CP state due to the way in which marital debt responsibility is assigned. In most cases the surviving spouse can be held responsible for the credit card debts of the deceased spouse if the surviving spouse the account even though he or she was not named as an account holder. The best choice is always to discuss such matters with an attorney qualified in the state's probate law.
In Michigan is your spouse responsible for debt incurred in your name?
Not for private debt. Just make sure that the spouse is not a co- applicant. The spouse is responsible only if they are co-applicant.
