Legal Question in Credit and Debt Law in Georgia

You obviously chose to not tell us whether or not it is your debt, and the details about the nature debt, so you won't get a firm response. We don't know anything about the type of bankruptcy case he filed. A creditor is generally not entitled to recover more than the debt (which may include interest and fees), but a creditor will often try to recover from everyone liable until paid in full.

A creditor is only entitled to one recovery for a debt. However, if 2 or more people owe that debt and one is filing bankruptcy, then the credit card company can collect the balance of the debt from the other person.

So if you are being sued, I assume that you were a co-applicant and not just an authorized user. If that is the case then the lawsuit is proper but you must be given credit for the payments the credit card company is receiving from your fiance.

He is only paying back a percentage of the debt. If you wanted to avoid this, then you would had have had to also file bankruptcy.

Your best bet now is to get to a lawyer to review the complaint and your circumstances to see if you were indeed a co-applicant and to make sure that you are only responsible for the amounts that are not paid by your fiance.

Can you sue the credit card company? Sure. Anyone can sue anybody else for anything at any time. Will you succeed? It depends. What are you going to sue them for? Again, if you are a co-borrower/co-applicant, the credit card company's lawsuit is proper. If, on the other hand, you are not responsble for the debt and the credit card company has screwed up and you have to hire a lawyer and get the case dismissed, then you can sue them for wrongfully suing you.