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Can Credit Card Co go after spouse?

Date: Sat, 09/22/2007 - 03:18

Submitted by anonymous
on Sat, 09/22/2007 - 03:18

Posts: 202330 Credits: [Donate]

Total Replies: 23


My wife is an authorized user on my credit cards, I am on disability Social Security and haven't been able to make my payments for several months. They are now calling my wife about the late payments even though the credit cards are in my name only. Can they try to get a judgement against her?


Well Artie I have just been thru the same thing... although my husband was not an authorized user of my card and knew nothing of it until he was served with a summons for garnishment of his wages after they got a default judgement on me! Now as i'm told we cud have tried to fight it and have him relieved from the debt since he had no prior knowledge of it but we just went ahead and settle instead of drawing it out more. So, yes they can go after ur wife for the debt. Also, let me clarify we are in a community property state so taht might have something to do with it. But I am an authorized user on one of hubby's cards and i know it shows up on my credit report as my debt....
Hope this helps a little,
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 04:15

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But FYI, if he's put her as an authorized user does that make her responsible? I'm just curious cuz at work i'm an authorized user on all credit cards and i don't recall seeing them on my credit report but yet on my hubby's it IS indeed on my report.... I just thought about this work deal... of course there is NO way i wud be responsible for his debt... well then again it's a LLC so that changes things also...
Ok now i'm confusing myself!
:lol:
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 07:18

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ok but on my hubby's credit card i am NOT on the application just added me after the fact as authorized user, yet it IS on my creidt report as if it were my card! And i guess everyone wonders what's goign on with me and hubby but we've always kept our finances separate... We have one household acct that we contribute to and bills are paid out of that acct... everything else is separate and that has always worked good for us... just for u all to know!
:D
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 07:26

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Well that seems to work out best for us! We both came into the marriage with inheritance and didnt' wanna put them together so that's how it all started. Since hubby's dad passed away 10 years ago he's gotten lots of inheritance money and it's rightfully his money!! My dad left me horses! ha ha Lucky me huh? Ahh well they're beautiful horses and my siblings refuse to sell them so we do make a little money off of breeding them. They're beautiful horses and the bloodline is from the sands of arabia but i'm getting way off topic here! :D
Ang


lrhall41

Submitted by Ang on Sat, 09/22/2007 - 07:37

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Authorized user has no contractual obligation to pay a debt. You would need to be listed as joint for a creditor to come after a spouse directly.However if you live in a community property state they may make a claim to the community property and it is up to the husband or wife to either pay or file for relief.


lrhall41

Submitted by cajunbulldog on Sat, 09/22/2007 - 09:03

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We live in GA, which is a community property state.
My wife wasn't a joint creditor on the accounts, but was an authorized user. Because of a life threatening disability, I registered our home and automobile in her name only because I didn't want her to have to go thru the hassle of probate court. I worry now that the CC companies will now try to get a judgement against her and take our home and car.


lrhall41

Submitted by on Mon, 09/24/2007 - 12:13

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Well sad to say Artie that yes she can be held accountable for that debt.... Especially if she had knowledge of it! The way i understand it is if ur spouse had NO prior knowledge of this debt then there's a chance and just a chance that they can get relief from it but being she was on the acct then they can come after her for payment, wheter it be garnishment or a lien of property.
:(
Ang


lrhall41

Submitted by Ang on Mon, 09/24/2007 - 12:20

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That little thing called spousal privilege can also extend to credit and credit cards if the spouse takes home privilege. It's basically the same principal that if one spouse is on a utility, the other can talk to the utility as well and make changes to the account.

I would consult an attorney in your own state re: this type of action. Couples are always shocked to find out that in marriage, separate is not always separate when it comes to debt and collections. Community property state does not necessarily imply anything as there can also be equitable distribution states as well. Equitable distribution means that in some circumstances, if you have a credit card and your hubby/wifey has the cash, they can attach the spouse's cash as well. In some circumstances, community property is better than equitable distribution as equitable distribution can attach the entire estate and not just one or the other.


lrhall41

Submitted by on Mon, 09/24/2007 - 19:44

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I just learned that my spouse, home state of GA, signed forms to be the "guarantor" on a line of credit for his brother without telling me. I learned that this line of credit has existed for 2 years when I received notice in the paper that this brother is filing for creditor. My husband was listed as a "creditor" and they wanted him to complete a Proof of Claim form. I was shocked and furious because this credit card line of credit was of a considerable. My husband did not tell me because he knew that I would not approve of it. I have always felt that my brother-n-law and his two grown sons needed to once and for all take responsibility for their own endeavors. Anyway, I am assuming that I am as liable for this debt as my husband is. We live in MO and have not been living in GA since graduation from college. My husband retrieved copies of all bank transactions to prove to me that he did not benefit any from this loan but signed with "blind trust" that his brother would be responsible for it. He is as devastated now because his back-handed dealing has blown up in his face. What does this mean for me, the wife?


lrhall41

Submitted by on Thu, 02/12/2009 - 17:37

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