Legal Question in Credit and Debt Law in Georgia

You have two choices. You can refuse to have her arrested, and you will be deemed to have givenher permission and will owe the money.

Or you can swear out a warrant and get her arrested and then dispute the bill. She will likely go to jail for forgery (and should) when you complain.

By any chance were you merely an authorized user? Did your wife solely use the card? Is your wife willing to own up that this is her debt and be responsible for it? If the answers are yes, then you might be able to get this removed.

You probably are not willing to let your wife go to jail. If that is the case, have you and your wife thought about trying to resolve this debt, either by making a lump sum offer or payment plan? Having a "paid debt settled" on your credit report is better than having a charge off.

However, whether you decide to pay or not will depnd on a few things. When did the delinquency occur? Are you past the statute of limitations? Is anyone hounding you for the debt?

Debts can stay on your credit report from the date of the delinquency for the next 7 years. After that, they drop off. If the creditor is not making overtures to sue and you are already halfway through this period, you might just want to do nothing if you will not be needing credit.

Feel free to contact me if you would like review of your credit report, more in depth discussion of your issue or if you want to resolve the debt.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC