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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.
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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,
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