Legal Question in Credit and Debt Law in Florida

Marital/Divorce Debt and collections there after

My question is simple. I married my wife and her ex-husband has now filed bankruptcy. There has been certain debts, a credit card that her name was never on and a signture loan that she was on. This credit agency is trying to collect both debts claiming there is a law stating that because she was married when he made the debt with the credit she is still resp. How? Her name was never on the card? They claim now they will take us to court, garnish her wages and so on. Can they do all this? The best part, they have NO paperwork to prove she used any monies and say they don't have to prove anything to us on these accounts. Both accounts were used for his personal business.She never touched a dime of that money. What is going on here?


Asked on 8/03/01, 10:15 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Marital/Divorce Debt and collections there after

If your wife was not the card holder nor authorized signator, then she has nothing to worry about. In fact, she has in her favor a claim against the colector and agency for violation of the Fair Debt Collection Practices Act. Advise her to maintain a detailed log of all contacts with any collector and agency. Be sure to keep names, dates, and a synopsis of the conversation. Then consult with a competent creditors' rights atty to determine when and how to pursue her remedies. If you are in south Florida, you may call me at 305-940-8080.

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Answered on 8/03/01, 7:06 pm


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