Legal Question in Credit and Debt Law in Texas
Responsibility of spouses previous credit card debt.
My sons wife of less than two years was killed in an auto accident one year ago. We started receiving notices from creditors for payment of debt that she acquired prior to their marraige(all in her maiden name). As requested, we sent copies of her death certificate to all her creditors with no further inquiries from them except for one.
We have talked to this company several times and was asked to send her death certificate, which we promptly provided. My son is now receiving notices from a collection agency for payment from her estate. There is no estate and no money. They have changed the name on the credit card statement from her maiden name to her married name. My son was left with a six month old daughter and is struggling to make it as a single parent. Is he responsible for her previous debt.
1 Answer from Attorneys
Re: Responsibility of spouses previous credit card debt.
Short answer is no. But that doesn't mean the creditors won't try to collect it from your son and that they won't put it on his credit report. He should check his credit report from all three agencies to see if it is on there. If it is, send disputes to the credit reporting agencies telling them that it is not his debt, that it was her separate debt prior to the marriage. He might even include a copy of the marriage certificate. He should also send a letter to the creditor asking them to send any documentation that shows he is liable on the account. If they don't have it, they should stop. If they don't he has a cause of action against them and should seek the services of a lawyer who handles Fair Credit Reporting cases.
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