Legal Question in Credit and Debt Law in Missouri
credit card collection
Can a credit card company add my name to a debt created by a spouse? I have been contacted my a collection company who now has my name solely on a credit card, for which I never filled out a credit application, or signed for a single expense. It was a credit card my wife (who I am still legally married to) instituted. However, for some reason her name has been removed from the acct and it is totally in my name. Can I be held responsible for credit that I neither applied for or singed for?
1 Answer from Attorneys
Re: credit card collection
If you did not sign for the purchases and you did not sign the application, then you are not liable unless your wife testifies that she bought things on the card at your direction and for your use. Under that scenario, you could be liable as an agent under Missouri law.
Notify the credit card company that you are not a signatory, and notify the collection agency that you dispute the debt. Follow the steps set out in the Fair Debt Collection Practices Act. You can find information on this topic at www.ftc.gov and it will be of assistance to you.
Good luck.