Can my ex husband be sued for my credit card debt? 24 Answers as of June 09, 2013

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?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
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.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
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: 8/21/2011
Heupel Law
Heupel Law | Kevin Heupel
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: 8/19/2011
Jackson White, PC
Jackson White, PC | 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.
Answer Applies to: Arizona
Replied: 8/19/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
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: 8/18/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    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: 8/18/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    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: 8/18/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    They can sue him but not win.
    Answer Applies to: Maryland
    Replied: 8/18/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Not if he did not sign for it.
    Answer Applies to: New York
    Replied: 8/18/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 8/17/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Your husband needs to talk to a lawyer. If his name was not on the account then the creditor should not be able to sue him. He needs to figure out why they are seeking a judgment against him.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    You say his name is not on it, yet they are going to sue him for the debt. That doesn't make sense.
    Answer Applies to: Indiana
    Replied: 8/17/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    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.
    Answer Applies to: California
    Replied: 8/17/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    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.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    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).
    Answer Applies to: Virginia
    Replied: 8/17/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    If your husband cosigned the credit card account then the creditor can seek payment from him because he would be personally liable. Otherwise the creditor cannot directly go after your husband to collect the debt. The creditor may be trying to scare you by using unfair methods, if so the creditor could have violated the law. You may be best served by speaking to attorney about the matter.
    Answer Applies to: California
    Replied: 8/17/2011
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    The answer is yes, if you accumulated the debt during marriage, because it is a community liability whether your husband knew about it or not. If you are making the minimum payments the creditor won't sue. The creditor does not have to accept less than the contractual minimum. If you acquired the debt after the marriage, send a copy of the final judgment of dissolution to the creditors to show your ex-husband had nothing to do with it.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes if it was a joint or you gave him a card in his name.
    Answer Applies to: Florida
    Replied: 8/17/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    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.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    His name is probably connected to the debt somehow. Maybe when you took the card out you added his name. If not then your husband can probably win the case as at some point they would have tp prove he was loaned the money.
    Answer Applies to: California
    Replied: 8/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    He will have to raise that as an affirmative defense in the lawsuit. He needs to get a copy of the contract during the discovery phase . If it is a collection agency suing him the odds are that they can not produce it and your husband will win the case.
    Answer Applies to: California
    Replied: 8/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If he was on the account, yes they can sue him. In order for the credit card company to be able to sue your husband, he needs to be contractually liable. So, he needs to have signed the contract. If not, they should not be able to sue him. The issue will then become did you put him on the account?
    Answer Applies to: California
    Replied: 8/17/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel 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.
    Answer Applies to: Mississippi
    Replied: 8/17/2011
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