Legal Question in Credit and Debt Law in Arkansas
Am I liable if I did not sign the contract?
My husband signed a contract for a cell phone service, but since his credit was bad the salesman put the contract in my name to pass the credit check. My husband has exorbitant
charges and refuses to pay them because he says it is in my name, so I have to pay them to protect my credit. I say it was illegal without my consent to set the contract up this way. Who is right?
1 Answer from Attorneys
Re: Am I liable if I did not sign the contract?
It really depends. I assume that you are not husband and wife anymore, or it would not be an issue.
Generally speaking, he is guilty of fraud and is responsible for the charges. After all, they are his charges. But, you are going to have to take him to Court to prove it.
You will need to sue both him and the cell phone company to protect your credit. As to the cell phone company, the question will turn on when you knew about it being in your name and what you did about it. If you knew ten years ago and it has been paid up to now, then you have a problem. However, if you just found out about it and raised a hissy, then he has the problem.
On the other hand, if you are still together, it is a better question for "Dear Abby".
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