Can my ex husband be sued for my credit card debt? - Bankruptcy Law Questions and Answers- LawQA.com

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Can my ex husband be sued for my credit card debt?

They are trying to sue my ex-husband for a credit card account that was in my name which he had no access too and no knowledge that I even had it. Can they do it even though I have written 2 letters offering to make payments until the debt is settled?

Mercado & Hartung, PLLC
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Do you live in a community property state and was the debt acquired during the marriage? If so, it's possible to look to him.

Answer Applies to: Washington
Replied: 8/24/2011

Law Office of John C. Farrell, Jr.
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If your husband was not a joint account holder and only an authorized user then he is not responsible for the debt. If the creditors are threatening suit and do not have grounds for doing so then theyare in violation of your consumer protection rights. You can actually file a complaint against them and if proven can put money in your pocket for each documented violation. Additionally, MA is not a "community property" state which means that your husband did not assume your debt.

Answer Applies to: Massachusetts
Replied: 8/19/2011

Answer By Kevin Heupel
Heupel Law
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No, but evidently the credit card company has him listed as a joint account owner, and thus, he will be liable.

Answer Applies to: Colorado
Replied: 8/18/2011

Answer By Spencer Hale
Jackson White, PC
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If the debt was incurred while you two were still married then it is possible that the creditor could sue him and win. That is a function of Arizona being a Community Property State and operating on a Community Debt System. However, depending on the language of the contract, he may have some defenses. Have him speak with an attorney.

Answer Applies to: Arizona
Replied: 8/18/2011

Ross Smith, Attorney at Law
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Yes, they can sue, even if you have offered to pay. No they can't be successful against your husband, unless he was a co-signor or an "Authorized User." All that means is that if they sue, your husband may have to hire an attorney and defend. Regrettably, this costs money. Sometimes it cheaper to simply file bankruptcy. Collectors often lie and threaten to do things they don't intend to do. Good luck.

Answer Applies to: Ohio
Replied: 8/17/2011

Burnham & Associates
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So long as your husband never was an authorized user, never used the cards, and never admitted to any type of liability to pay those debts he may have defenses against their actions. It is the job of collection agencies and credit cards agents to get any money they can and they sometimes attempt to intimidate people into taking on payments that they do not have to. Your husband should contact an attorney to protect him from their actions and to evaluate his options.

Answer Applies to: New Hampshire
Replied: 8/17/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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It would be a rare case in which your ex-husband would be liable on your credit card under Colorado law. Tell your ex-husband to contact an attorney specializng in Fair Debt Collection Practices.

Answer Applies to: Colorado
Replied: 8/17/2011

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
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They can sue him but not win.

Answer Applies to: Maryland
Replied: 8/17/2011

Mauritz Van Niekerk, Attorneys at Law
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Not if he did not sign for it.

Answer Applies to: New York
Replied: 8/17/2011

Ashman Law Office
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If he co-signed yes. If he didn't, of course not. And if you forged his name and that's why he's getting sued, plan on going to prison as he will have to get you arrested to defend the suit.

Answer Applies to: Georgia
Replied: 8/16/2011

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