Legal Question in Credit and Debt Law in Washington
Credit Card Debt - Not mine
My ex-wife has credit card debt. The collections company keeps calling me to collect this debt, but I do not owe it! She filled out the application using her info and social security number, but put my name on the account. She used my address and phone number, but HER SOCIAL SECURITY NUMBER!! I have never had this account. Even in the divorce papers, she signed off that it was her account. I have been harassed for years over this, it's affecting my credit, and I can't seem to get the collection agency to stop harassing me. I've given them her phone number, her address, even her bank account number SEVERAL TIMES. What can I do to stop this harassment, and get this off my credit? Every time they call I tell them the same information, it's not my social security number, it's not my debt, she hasn't lived at this address for 6 1/2 years, and I give them all of her info, I've even sent them copies of our divorce papers. What are my options? P.S. They've even called my neighbors trying to get to me!
1 Answer from Attorneys
Re: Credit Card Debt - Not mine
WA is a community property state. You can't avoid debts on the basis that they are your ex's debts, sorry, otherwise people would rack up debt, get married, and then divorce and say "catch me if you can" to their creditors.
You married her; it is therefore logical for the creditor to come after you, because you care about your credit rating.
Your remedy is to sue HER under the dissolution for the aggravation and expense of dealing with her creditors.
They are getting desparate because the statute of limitations has likely run, or is about to run.
But you might enjoy budhibbs.com. That's a page about debt collector practices. Have you kept a journal documenting all the calls and letters? Have you saved the letters?
The divorce court can order her to comply with the divorce decree and pay the bills she promised to pay.
Hope this helps. Elizabeth Powell
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