Legal Question in Family Law in New York
credit card bills
i served my husband with divorce papers on july6 2004 which i filled on july 23 2003(last year)He is getting phone calls on credit card bills that i have no knowlege of and one of them asks for my by name and says that i am responible for this debt, I asked them if the have my ss# and they say no.Am i responsible for this that i have no knowlege of. Also we are selling our house can the credit card company put a judgement on my house (which is in my name and his name).
2 Answers from Attorneys
Re: credit card bills
Are you sure your husband was properly served? Normally, you have just 120 days in which to serve, from filing.
Re: credit card bills
In NY, If a Credit Card company or any creditor obtains a judgment against either you or your husband, they may seek collection from any assets you may have, including your house, upon its sale or transfer.
But, [(since it's probably your husband's girlfriend or another person (known to your husband, and not you using the charge card/s)], You can contest the charges and avoid payment of same.
A first step is to Demand copies of invoices with ALL signatures for all purchases allegedly made by you or under name and review carefully. Then provide proofs of your signature and whereabouts at or about the time of the purchases or charges allegedly made by you.
If unsucessful, consider using your proofs to file criminal charges against your husband or the person/s you beleive is responsible for committing the fraud against you and the credit company.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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