Legal Question in Credit and Debt Law in Georgia

Girlfriend, gets credit card for boyfriend. Both resided in Ga Card was issued in bf's name only. GF never tells bf that he was approved for credit card, never advises him that she is using card. He finds out about the card and 10000.00 plus balance after applying for bank loan. Credit card was established in 2007, bf and gf marry in 2011. Wife does not ever advise of existence of account and all correspondence is received by her thru email, etc. Is boyfriend/husband responsible for balance?? GF/wife had been making small payments, but stopped 6-8 months ago. Account now placed in collections. Husband /boyfriend never charged on card or gave permission for her to charge. Girlfriend also works for company who issued card........................


Asked on 3/03/14, 5:43 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I assume the boyfriend called the police, had the girlfriend arrested for a felony, and used the police report to resolve this, right? Since the problem's solved by that, what's the question?

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Answered on 3/03/14, 5:57 pm

The husband has a choice here. I assume he does not want his wife to end up in jail. If so, then he is going to be liable for the debt.

In such case, I think he and wife need to have a very frank chat about things and wife needs to get some professional help maybe.

Possibly, after wife has a come-to-Jesus discussion with husband, she, the credit card company and husband can do a three-way chat and this can be put in wife's name solely. However, this would require wife to start paying on it and wife does not seem inclined in that direction.

Another alternative is this. If husband has about 50% of the debt, it may be possible to get creditor to accept a settlement of 50% or less. it may also be possible, depending on the creditor, to agree to remove any negative information from husband's report or change it to "pays as agreed." The debt can then be resolved. Wife needs to NEVER do this again and to make sure husband needs to either place a security alert or security freeze on his credit.

If they are headed for divorce court, husband can ask that responsibility for this debt be assigned to wife. However, as between husband and credit card company husband is liable.

If husband does not care if wife is prosecuted then he can dispute the debt and ask debt collector for a fraud affidavit. An affdavit is a notarized signed statement of the husband. In this he can explain about the identity fraud and have the creditor prosecute his wife if they choose to do so.

If husband is headed for divorce court, then he can have wife be assigned responsibility for this debt or it can come out of wife's share of the assets. In such case, he needs to see a family law attorney.

One thing for sure - is husband does nothing and ignores this, the debt will wind up with a GA law firm. They will sue and if they recover a judgment against husband, they will be allowed to garnish his wages or seize his assets that are owned free and clear. So husband needs to act in some way here to get this handled.

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Answered on 3/03/14, 7:20 pm


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