QUESTION

my husband used my social security number, to obtain credit at different places and did not or does not pay his bills. what can i do?

Asked on Jun 14th, 2012 on Civil Litigation - Nevada
More details to this question:
this has caused a negative results with my credit rating.
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1 ANSWER

R. Christopher Reade
This situation happens quite often.  The initial questions by the credit providers will be did you have actual knowledge (meaning did you know or should you have known) that your husband was taking out such credit and were you the beneficiary of any of that credit (e.g. was he buying groceries for both of you with the credit that he took out). If you received the benefit of his actions, the credit providers will charge that it matters not whether you did the application because you were enriched by his actions.  The credit providers will likewise look at whether your husband was your actual or implied agent for taking out credit.  For example, did you give your husband power of attorney to execute financial documents on your behalf.  The final question does not go to liability as much as the right to collect as against your assets.  Even if the credit providers agree that you did not contract for this debt, they can sue your husband and take a judgment against him for a debt incurred during the marriage, which arguably could be collected from the community property which you have accumulated.  Furthermore NRS 123.110 provides wives have a duty to support their husbands from the wife's separate property when the Husband has no separate property and the couple has no community property and the Husband, from infirmity, is not able or competent to support himself.  Therefore you might win a proverbial battle by having the credit providers not pursue you as being liable for the debt but might still have your community and/or separate property subject to collection for his contractual obligations. You are welcome to contact the credit providers and to assert that the debt is not yours but his by way of an unauthorized application and/or forgery and should not be reported on your credit report.  However you may not get much mileage out of trying to avoid the debt as incurred.
Answered on Jun 14th, 2012 at 7:18 PM

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