Legal Question in Credit and Debt Law in Florida
Spouses credit cards
My husband has 2 credit cards in his name only. One was years before our marriage. can a collection agency harrass the wife for these debts If the house is in joint names and morgage in hers only can the house be involved in collecting of the debt.
1 Answer from Attorneys
Re: Spouses credit cards
"Harrass" means something specific. A judgment would be effective only as to your husband. The collection agency can't do anything except refer the file back to the creditor or to the creditor's attorney for suit. Only after prevailing in the suit can a judgment be entered in the creditor's favor. And, because this is a credit card and not the mortgage company, your house cannot be foreclosed by the credit card company. The judgment when recorded will operate as a lien against the property. When you and H sell or refinance, the judgment will need to be paid before title can transfer.
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