Can a judgement creditor reveal debt to MY employer when the judgement was against my wife, but not me?

Question

My wife and I live in Florida. Prior to my marriage, my wife lost a small claims suit as the plaintiff. Recently, the judgement creditor wrote a letter to MY employer revealing the debt, including $ amount. A week later, he called my employer. He indicated to my supervisor that by virtue of the marriage, the debt has become mine.

1. Any truth to his claim that the debt is now mine?

2. Is this legally considered creditor harassment?

3. What action do I take to pursue harassment charges?

4. What punitive measures might be taken against him for his actions?

5. Is a restraining order or no-contact order possible? He is a former boyfriend of hers and seems less than stable.

Thanks in advance for responding!

Answer 1

you are not respnsible for any debt incurred by your wife before you were married.

Answer 2

I had to read this question a couple of times....seems you added some "twists" to it.  Echo sort of touched on it.

Who exactly is the "judgment creditor" here...the boyfriend?  A business?  A collection agency?

If it's the boyfriend I think you are going to have a difficult time trying to file any type of harassment charges against him.  You would have to file under the libel and slander laws.  But it's not slander to say something that is in the public record.  

You do not have a lot of laws that allow you to go after private individuals the way you can with collection agents and attorneys.  If this were a collection agency, I would guarantee you could win a fairly large FDCA case against him.  

But not the boyfriend.

And this guy is wrong....debts that took place prior to marriage do not get carried on to the spouse.  And only a few states even consider the spouses debts as joint.

I would explain your situation to your employer and tell him to ignore this jerk.  You can't fix stupid.....just do your best to ignore him.  He can't do you any damage.  But trying to fight him in court will just cost you unneeded attorney fees.

Answer 3

1.  The debt is solely in her name. There is no truth to the myth that a spouse's former bad credit becomes yours.  Since it was a court order, that order is HERS solely to repay.  You can choose to help her out, but you are not legally obligated to do so.

2.  Sounds like harassment to me. The debt is not yours, the person has no legal reason to call YOUR employer about HER debt.

3.  Civil court is where you take it.

4.  Check w/the laws in your state as to the maximum you can collect. Each state varies.  Many states max for the civil cases is $5,000.

5.  Try writing a "cease and desist" letter first before going for restraining order. If he does not comply, then try the no contact/restraining order.

Hope that helps! Good luck!

Answer 4

I think that you are going to have your check garnished.

Answer 5

It sounds like your wifes collector ex boyfriend is wanting some kind of revenge against you and your wife.

Unless the suit was also filed in your name, you are not responsible for any legal action taken against your wife for credit debts. (especially since it happened before your marriage)

What that person has done is NOT legal.

Get a copy of the letter that was sent to your employer.

Ask your supervisor if he/she would be kind enough to write up an affidavit concerning the phone call. (who it was that called, what was said by the collector, etc) Have the affidavit notorized.

Call a lawyer that is well versed in consumer credit.

With the facts you mentioned I'm fairly sure you will find a lawyer that will take your case on a contingency basis.

If you do not have a lawyer, check the naca.net (consumer advocate lawyers) site to find a consumer credit lawyer in your area.

(Disclaimer: I am not affiliated with naca in any way)

Answer 6

I'm not sure of the laws in Florida, but you can, in some cases get this off of your record. In some states, only child support is transferable. It takes a lot of time and effort and could take years but you can stop a garnishee if the debt was not yours. I doubt you can do this yourself, you may need a lawyer, but you can get free, one time advise from a lawyer, so I would go see one.