QUESTION
What happens when my fiance is using my checking account to pay personal bills?
Asked on May 14th, 2013 on Bankruptcy - Florida
More details to this question:
My finance has been using my checking account to pay her credit card bills. Also, she recently went though a foreclosure on her house. A "certain" company has been calling and writing to her concerning the foreclosure debt which I believe they bought from the lender. Due to an accident she had several years go, she many not be gainfully employed again. The charges on those cards were for goods and services for her and not me. Also, I was not a co-applicant on any of her credit cards or her mortgage. My question concerns liability. Because the payments were made via my checking account have I assumed any liability for the debts? Also, should she consider bankruptcy? Thank you.
6 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Have her arrested. It sounds like she has been stealing from you.
Answered on May 15th, 2013 at 2:31 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Whether or not she should consider bankruptcy is very fact intensive and you should talk to a bankruptcy attorney that will go through the process with you and help you determine if it's right for you/her. You don't assume liability for paying someone else's debt. Now if she is putting her own money into your account and comingling assets like that, there can be an arguments made regarding the availablility of the funds in that particular account. But in general, you are not liable if you are not married. Talk to a professional before you actually marry.
Answered on May 15th, 2013 at 2:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, simply because your checking account was used to make payments does not cause you to have a personal liability for the debts. Your fiance should contact a bankruptcy practitioner to determine whether or not that would be a potential avenue of relief.
Answered on May 15th, 2013 at 2:30 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Your questions are a little too complicated to answer in this forum. Do not let her use your checking account to deposit her wages or other funds. This could be very complicated later. As to bankruptcy, please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on May 15th, 2013 at 2:29 PM
You do not acquire liability for a debt by making payments on the debt. You only acquire liability by contract.
Answered on May 15th, 2013 at 9:04 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Unless you signed to be personally responsible on a debt, you are not responsible.
Answered on May 15th, 2013 at 8:48 AM