Legal Question in Credit and Debt Law in California

He's not here, and collector's keep calling!

My husband had 4 credit cards in good standing. On 2 of those cards he made chargesafter he moved out 2 years ago. A year ago he was arrested and is now incarcerated (for a long time). I took care of all of his posessions and paid on the cards he charged up prior to him moving out. I am not on one card company that keeps calling our home. I have sent them in proof of his incarceration and when! How can I get them to stop calling?


Asked on 12/17/05, 10:14 am

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: He's not here, and collector's keep calling!

Debts incurred after a legal separation are not community debts. Tell them in writing that you are disputing the debt under the federal Fair Debt Collection Practices Act and instruct them to stop contacting you. If they keep calling, contact my office for a consulation.

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Answered on 12/17/05, 10:31 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: He's not here, and collector's keep calling!

If the charges were incurred BEFORE you both separated, then the creditor(s) at issue can legally pursue the alleged debt owed prior to the time of separation as a "community debt", just not after the separation date. However, you definitely have rights and legal remedies available to YOU by virtue of the FDCPA. For a free consultation on this matter, contact us ASAP Monday before we go on holiday break.

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Answered on 12/18/05, 4:12 am


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