Legal Question in Credit and Debt Law in Texas

debt collection

My husband and I live in Tx.He has several dilinquent credit cards.Creditors call all day long.I have my own accounts in good standing.I am not a cosigner or authorized user on his accounts nor is he on mine.Can I be held responsible for his debt or can this harm my own good credit?My husband says even though I'm not a cosigner creditors can hold me responsible now or most likely in the event of his death.I wasn't given a choice whether he got credit cards or not


Asked on 5/28/04, 12:20 am

2 Answers from Attorneys

Sharon Campbell Sharon K. Campbell

Re: debt collection

If you are not a co-signer on his cards, you cannot be held legally responsible for his debts, either now or after his death. That won't necessarily stop the creditors from trying to make you responsible so be vigilant about that. Check your credit report regularly.

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Answered on 5/28/04, 9:31 am
Peter Bradie Bradie, Bradie & Bradie

Re: debt collection

Unless the credit card contract was specific that it would look only to your husband's credit and assets, which is highly unlikely, the credit card debt is a community debt. You are liable for his debts, as he is for yours.

If you want to stop the collectors from calling, you need to write to them and instruct them that all subsequent communications are to be in writing and not to phone. Send that letter by certified mail.

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Answered on 5/28/04, 10:43 am


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