Legal Question in Bankruptcy in Florida

Husband's debt

My husband incurred about 20k in consumer debt that he can't pay for. We have been contacted by a mediator from cc company. I as the wife was told that I was just as liable for this debt as since we are married. I didn't apply for the credit and was not even aware of the huge debt. Our primary mortgage is in my name but we have a 2nd mortgage in both names. Can they take my home or put a lien on it? PLEASE HELP!!!!


Asked on 2/06/08, 11:54 am

1 Answer from Attorneys
James Hart The Hart Law Firm, P.A.

Re: Husband's debt

Who told you that you are liable? If your name is not on the card, then contractually, you are not liable. They should not be able to put a lien on your house. The only ones who can take your home are the banks that hold the mortgages - when and if you ever get behind on your mortgage payments.

If your husband hires an attorney for bankruptcy, that attorney should send a letter to the creditor to let them know he retained an attorney - then the calls should stop. Any further contact could be a violation of federal law.

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Answered on 2/06/08, 12:47 pm


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