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Q+A: Being Sued for Spouse’s Credit Card Debt

Q: I”m being sued by collection agency regarding my ex husbands debt. Should I retain an Attorney?

A: The short answer would be ‘No’ if the debt really belonged exclusively to your ex. In all likelihood however, the credit card in question must have included your name as an authorized signatory or co-debtor. In any event, you should take such a lawsuit seriously – under no circumstances should you ignore any suit in which you are named as a defendant (whether correctly or incorrectly).

Have a question? E-mail us at mhedayat@mha-law.com.

1 Response
  1. David Kane, CPA

    You should take the time to pull your credit report and review all your open credit accounts. If this is already in collections, your credit has already been impacted more than likely. Also, you will want to review your property settlement to determine if this credit card account was listed and review the terms of the agreement on how you decided to split the debt (assuming it was part of the divorce). I had this happen to me during my divorce and it hurt my credit for 5 years. Also, have the credit card company prove to you that you are liable for the debt. Have them provide the application with your signature that authorized the account. You will want to dispute this initially with the credit card company and the credit reporting agency. The last thing you want to do is to ignore the lawsuit and allow them to get a default judgement against you. good luck.

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