Question about filing ind. and CC usage

[goatcheese]

I have a question please, we met with an attorney today that told me we would have to file joint because I had signed for purchases (sales receipts) that I was a authorized user on the account, not a joint account. He said I could be held responsible for those charges. I thought that being an authorized user meant I could not be held responsible. Any help is appreciated.
Thanks!

[familyof7]

you can be held responsiable for the charges you signed fro but not the entire account but you husband is responsiable for the whole account.

[lrprn]

I have a question please, we met with an attorney today that told me we would have to file joint because I had signed for purchases (sales receipts) that I was a authorized user on the account, not a joint account. He said I could be held responsible for those charges. I thought that being an authorized user meant I could not be held responsible.

You are correct - you cannot be held responsible for debts on credit cards where you are an authorized user, not a co-signer UNLESS you and your spouse live in a community property state.

Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Do you live in one of these states?

[goatcheese]

No, we do not live in a community property state. I don't understand why he would tell me that.
Thanks

[CindyLou]

I was told that by an attorney too! That the autorized user was not responsible for the account UNTIL they signed the receipt, but then only for those purchases. Funny. I was told that same thing. I filed pro se. But is was during one of my free consulations.

[B12]

Wow, a deluge of AU questions lately. Google Section 603 of the FCRA.

[Lindsay]

I've always thought that only the main cardholder was responsible. My husband was going to file alone, but if I'm responsible as authorized user on his cards (we're in NY, not community property) I may have to file with him. This is very upsetting news. I thought only cosigners and joint accounts were responsible.

[helpsoneeded]

c.c.debt as an auth. user

Can't you still file alone and just be responsible for your part of the debt as an auth user? I'm in NY and i want to file alone too, but i am an auth. user on my husbands accounts and i did spend about have of his debt which is 40,000 ( 20,000) i used. Will we have to file together? I can quailfy for a 7 if he doesnt and i have 70,000 od c.c. debt name. If he has to file then we would have to do a 13 and coud never aford that...Now i'm nervous!!! Thanks

[lrprn]

Can't you still file alone and just be responsible for your part of the debt as an auth user?

No, as an authorized user on a credit card you are NOT legally responsible for any of the debt. The only exception is if you live in a community property state - then all charges on the card made while you are married would belong to both of you. But New York is not a community property state - http://www.fairmark.com/spousal/comprop.htm

I'm in NY and i want to file alone too, but i am an auth. user on my husbands accounts and i did spend about have of his debt which is 40,000 ( 20,000) i used. Will we have to file together?

No, you do not have to file together.

If you file alone and you are an authorized user on a credit card, then you are NOT responsible for ANY debts charged to that card, even if you charged them. That means if you file alone, you can't list these credit card debts for discharge because legally they aren't yours.

On the other hand, if you are listed as a co-signeron a credit card, then you are legally responsible for the debt and can list it if you file alone. However, the credit card will still hold the other card co-signer responsible for the total debt - in this case, your husband - so although you no longer have the debt, your husband still does and must pay it all.

The only way to get rid of the entire $40,000 is to file together.

[CindyLou]

If you live in a community property state you don't even have to be listed on the account at all and you are still responsible for the debt, right?

[lrprn]

If you live in a community property state you don't even have to be listed on the account at all and you are still responsible for the debt, right?

If the debt was incurred while you were married and you are living in a community property state, then even if you aren't listed on the debt in any way, you will be held responsible for paying 50% of the debt.