Legal Question in Credit and Debt Law in Texas
My husband was incarcerated last year. he had three credit cards in his name only; two American express and one Capital One. Amex is suing him, apparently. I am receiving offers form attorneys to help. (that's the only way I knew he is being sued) Am I responsible for these bills? and can Amex garnish retirement check or take money from our joint checking account? I obviously do not have enough money to pay them or I would. these cards have not been used since he was imprisoned. what do I do???
1 Answer from Attorneys
The attorneys who are offering to help (soliciting business) are committing a breach of ethics.
The Amex be styled "Amex vs. The Husband." You are not PERSONALLY liable for your husband's debts.
Your husband may have a defense under the statute of limitations. Is the balance more than four years old?
If (when) Amex gets a JUDGMENT, they DO have the right to garnish a joint bank account. Your remedy is NOT TO HAVE ONE. Take care of that TODAY - make a personal visit to the bank if you have to.
When you marry a person, you don't marry his debts.
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