Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
I am sorry you find yourself in this difficult situation. They do not have a legitimate claim against you because at the time they performed the work, you and your then spouse were living separate and apart and as a result of this, neither was responsible for the debt incurred by the other. Even if your name was on the house, the plumbing company cannot hold you liable for the debt because your then spouse had sole occupancy of the house, he contracted for the work to be performed and consequently was liable for the cost of the work for which he contracted,
The plumbing company did not violate the Fair Debt Collection Act because they do not have the obligation to research a husband and wife's marital status before performing the work and sending out the bills. However, if after you gave them notice that you neither requested the work, nor signed any contract with them, and in fact, did ot even occupy the property as your residence, they filed the lawsuit against you anyway, then when you file your answer denying their allegaitons, you should include a counterclaim in your answer for abuse of process, and allege also that the lawsuit was abitrary and vexatious and brought against you for the sole purpose of harassment.
Please be kind enough to rate my service to you as "Excellent Service",
Bonus and Positive Feedback are greatly appreciated,
Thank you for allowing me the opportunity to assist you,
Very helpful and thank you. Follow up:
If I send a qualified written request, are they obligated to disclose all information regarding the debt? As stated, I did not know this debt existed and have no information other than what was stated over the phone and have no detailed information regarding it.
You can write to them requesting confirmation of the debt and that you owe this debt and say that you are making this request under the Federal Fair Debt Collection Practices Act,
Thank you so much. Rating for excellent service.
You are very welcome, Mike, Have a good evening,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).