Legal Question in Credit and Debt Law in Virginia

Re: Credit Card Debt not Authorized by Spouse but being billed

Here's what the Code of Virginia says:

� 11-31. Cardholder not liable in absence of request for, consent to issuance of or use of card. � A cardholder, who receives a credit card from an issuer, which such cardholder has not requested nor consented in writing to the issuance of such credit card, nor used the credit card, shall not be liable for any amount owing because of a use of the credit card. The failure to destroy or return an unsolicited credit card shall not be evidence of such request or consent nor shall it constitute negligence on the part of the cardholder. Use by an authorized agent of the cardholder shall be the equivalent of use by the cardholder. The burden of proving the authority of an agent shall be upon the issuer. (1970, c. 324.)

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(Note further that sending an invoice for goods or services not requested or demanding payments that cannot legally be demanded is a separate violation of the Virginia Consumer Protection Act Code of Va. � 59.1-200.)