Monday, January 21, 2008

Consumer: Creditors Calling You About Spouse's Credit Card Debts?

Or calling about a former spouse's credit card debts?

Unless the credit card was a joint card (both names on the credit card), you do not become liable for the other spouse's debt just because of marriage. For an example, read Woman Pursued For Deceased Ex-Husband’s Debt from The Divorce Blog.

As I read the facts, the creditors could have violated the federal Fair Debt Collections Practices Act. I say could have for the reason that the creditor seems to have stopped at telephone calls. The better FDCPA case requires a bit more:

  1. f the ex-wife had written the creditor requesting written verification of the debt and they had not sent verification of her liability for the debt, this is a clear violation.
  2. If the creditor was on notice that she was not liable and continued to make collection attempts, this would be a violation.
If you live in Indiana and think you might have a FDCPA case, please give me a call.