Can a lawyer legally serve a judgement to my boyfriend for a debt that is mine?

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Can a lawyer legally serve a judgement to my boyfriend for a debt that is mine?

A judgment for debt collection of credit card debt was served to my boyfriend. The debt was only in my name. Is it legal for them to serve someone who has nothing to do with the debt? They are now garnishing my wages. I told them I didn’t receive the judgement and they told me that they are legally allowed to serve him because he was my boyfriend.

Asked on November 17, 2010 under Bankruptcy Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Service of process can be accomplished in several ways.  One of which is personal service.  By this method, a summons can be left by leaving it at a person’s usual place of business with a business associate, or their usual place of abode (i.e. where the person lives) with a family member or other person residing there.  Any person served must be at least 18 years old. 

Since I don't know your  living situation with your boyfriend, you may want to consult directly with an attorney in your area.

 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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