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Terry L.
Terry L., Attorney
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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There is this debt collector that always makes threats that

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There is this debt collector that always makes threats that they will come after my husbands job for my credit card debt and cost him his job. This was never my husbands credit card he did not sign for it, he never even used it, it was in my name only. IM paying them more than I can afford every month because of the threats. Today I told him that I would have to be one week late with my payment, and he started with the threats. Telling me they are going after my husbands job for the money and so what if he were to lose his job. He told me his boss does not think about that, he just cares about the money. My husband was sick for a long time and this job may not be much, but it's all he has for now. Help! Can he do this? I really need to know.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
Thank you for your question. If it is a collection agency, and not the original creditor, they must file the fair debt collection and practices act. www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

This sets out what the collector may and may not do. Your state may give you extra protections as well. They can still collect. They can sue to collect the debt as well, but only appropriate parties to the debt.

Now, since you live in Nevada, you live in a community property state. What that means is that the debt can be collected against you or your spouse for any debt incurred during the marriage (unless it can be shown it was for a pre-marital debt or for a separate business etc). So, they could sue your husband for this debt. If they obtain judgment, one collection method is garnishment, where they can take up to 15% of your husbands wages.

You should negotiate a debt repayment with them to avoid this. Or, consider a joint chapter 7 bankruptcy to wipe the slate clean and get a fresh start in as little as 90 days.
Good luck to you.
Customer: replied 4 years ago.
They did sue me last year and got a judgment against me,but not my husband and I have been making payments. They started making threats again when I told them my next payment would be one week later.Look if they garnish my husbands pay he will lose his job.IM sick of living under their threats it's not right.
Expert:  Terry L. replied 4 years ago.
You can sue them in court if they are violating the fair debt collection and practices act. Also, you can file a complaint against them with the states attorneys office too. Good luck.
Customer: replied 4 years ago.
Tell me one last thing if they have already sued me and got a judgement can they than turn around and sue my husband for the same debt.
Expert:  Terry L. replied 4 years ago.
Yes, if he is responsible under the community property state laws, then yes, they can collect from him until the debt is paid in full.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2540
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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