Question

  04/28/12, 2:02 am
My husband and I are legally separated since 2008. Before getting separated he borrowed money on my credit card and was supposed the pay the payments even after our legal separation. He later stopped paying and eventually filed for bankruptcy. The credit card was under my name alone ,and for the past two years the credit card company has assigned my account to one collection agency, then another. In the past 3 weeks, I have been getting phone calls and letters from an attorney's office (now 3rd collection person) for collection. I almost settled with the 2nd collection agency when they told me I will receive a 1099 (income) for the balance of my debt. I told them if I had the money I would have paid the credit card company to begin with. Therefore, I didn't settle. What is my legal right in this situation, and if it were you, how would you handle this. Thank you in advance for your advice.
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United States   |   California  |  Debt Law
Cost: Free

Answer

Darrell York Says:

Apr 28,2012 9:17 AM

You have basically two, maybe three options. (1) Pay the debt; (2) discharge the debt in bankruptcy; (3) Let them obtain a judgment and go and try collect on the judgment. Since the debt was obtain during the marriage and before separation, there is a presumption that this was a community debt so it should be split 50/50 in the dissolution matter. That probably won't help you in this situation because you can obtain a dissolution judgment allocating 50% of that debt to him but how are you going to get him to really pay that debt.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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