QUESTION
Can my ex husband be sued for my credit card debt?
Asked on Aug 15th, 2011 on Bankruptcy - Michigan
More details to this question:
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?
10 ANSWERS
Spencer Hale
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.
Answered on Aug 19th, 2011 at 11:09 AM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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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.
Answered on Aug 18th, 2011 at 10:59 AM
Not if he did not sign for it.
Answered on Aug 18th, 2011 at 6:50 AM
Glen Edward Ashman
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.
Answered on Aug 17th, 2011 at 4:59 PM
You say his name is not on it, yet they are going to sue him for the debt. That doesn't make sense.
Answered on Aug 17th, 2011 at 1:04 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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California is a community property state. If the community received a benefit the other spouse who didn't sign can be sued. However, it is unlikely that the innocent spouse would lose such a lawsuit. Call their bluff.
Answered on Aug 17th, 2011 at 12:50 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Your husband can only be successfully sued for a debt he owes. His liability arises from signing the contract to repay the creditor not out of a marital relationship. So let them sue and he goes to court and challenges them to present something he signed to make him liable. If they cannot he wins.
Answered on Aug 17th, 2011 at 12:00 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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No, they can't sue him if he had no access and didn't sign as co-debtor. And you may not pay it, as that's a violation of the bankruptcy code. Tell them to back off or you'll have them sued for violation of the discharge (if you've been discharged) or violation of the stay (if it's still active).
Answered on Aug 17th, 2011 at 9:50 AM
Samuel Lee Tucker
This depends on how the account was set up originally, whether he was an authorized used and whether he actually made charges. He should ask to have the debt verified.
Answered on Aug 17th, 2011 at 9:37 AM
If the debt was solely in your name and he was not on the account at all then they cannot sue him for the debt - he can fight this in court stating it is not his debt.
Answered on Aug 17th, 2011 at 9:36 AM