Legal Question in Credit and Debt Law in Missouri

Re: Marital Consumer Debt Responsibility

If the signature was forged you may have a good defense and an affidavit should be sufficent, however your wife would still be responsible. If you're having domestic problems that may make a big difference. Call me I can help.

Greg S. Kessler (314) 725-8000

Re: Marital Consumer Debt Responsibility

Watch out for attorneys who don't really address your question or provide any real information except that they "can help". In order to provide competent legal advice an attorney would need to interview you, review whatever documentation you have from the bank, and perhaps even do a little legal research to give you a qualified response which would be backed up by the attorney's malpractice insurance carrier if incorrect. In your case I believe that it would be in your best interest to pay an attorney to do the job properly so that you know what your rights and legal obligations are before the bank takes any action against you. Your initial costs should be relatively modest, and may avoid a great deal of expense at a later date. Generally, one spouse can not automatically obligate the other spouse on a debt soley by virtue of the fact of marriage. If the bank takes the position that you are individually liable, then the bank must have some reason other than the fact that you were married to your wife and she applied for the line of credit and used it. If they claim that they have your signature, you may submit to their fraud investigation process and supply them with other signature samples, you may hire your own handwriting expert to provide an examination and an expert opinion, or you can take the matter to court in a variety of ways. I would view legal action as a last resort due to the added expense and delay it would require. If you are located in the eastern half of the state and you are not already represented by legal counsel you may call me for a free telephone consultation at 314-727-2822.