collection attempts on innocent spouse

[down @ out]

Hello Everyone,

About 6 months ago I married a lady, Nevada is our residence.

She had a lot of debt from a previous marriage that there was no way I could pay. I only make about 9.00 hour.

Anyway I have been getting calls about that debt and have been threatened by several collectors.

Last week Chase Bank put one of her past due accounts on my credit report and this has really hurt me.

I don`t have any money to pay these folks so that is out of the question.

I didn`t know they could bug me.

Is what they are doing legal?

Thanks,

[NewDawn]

I believe Nevada is a community property state. Any debts or property acquired during the marriage is considered community property, even if it is in only one spouse's name.

However, IF the debts were incurred BEFORE your marriage, I believe that is considered separate debt and not part of the community estate. Even then, there are some caveats to consider.

Was your name added as an authorized user on any of the accounts or did you co-sign on any of these debts before or after you were married? Did you buy a house or any other property in both your names before or after you were married? Do you have any bank accounts that have both your names on them? If so, they can attach those bank accounts because they consider the funds comingled. Make sure you have your paychecks deposited into a separate account with only your name on them so those accounts can't be attached.

These are some scenarios that might make things tricky. If you have no joint property and this debt was acquired solely in her name before you were married, etc., then I would contact the creditors and tell them exactly that. I would also send them certified letters saying the same thing. I would also dispute it on your credit report. I hope someone else can chime in with some advice.

[optimistic1]

If the Chase bank account was something she did prior to your marriage, then they have no legal right to collect it from you, nor do they have the right to report it on your CR.

I would call them up and explain to them, if it is not removed, you will hire a consumer rights attorney.

Send them a DV letter, or aquire a history of the Chase account. Then make a copy of your marriage certificate. Send these along with a dispute to the credit reporting agency to have it removed.

After doing all of that, send Chase a cease and desist letter with a hershey kiss.

[AngelinaCat]

Also send a copy of your wife's divorce papers showing her ex's name. If any of her debt was acquired while THEY were married, then Chase needs to go after him. Chase is probably overlooking the fact that you are the NEW spouse and has nothing to do with this.

Also it is possible that the ex has filed BK and been discharged, therefore causing Chase to go after her and you by extension, though they have no legal right to do so. What does she say?

Good wishes and I hope you both have a Happy and Healing New Year!

[down @ out]

hello Everyone,

Her debts were incurred before we even met. Her previous husband was a real jerk.

The folks for Chase called me at work today and said I was not much of a man if I wouldn`t pay her debts. Told him I make 9.00 an hour, never had a credit card and no way I could even pay the interest on a 24,000 credit card debt. He hung the phone up on me say their attorney would be in contact.

Man these folks are real jerks.

I only have a checking account and it is solely in my name. Hell after paying for the mobile home and food I don`t have more than 50.00 a month left anyway.

Sarah is looking for work but things are really tough here in Nevada. Her previous husband was a mortgage broker and he really lived large.

Seems to have entirely fallen off the planet.

Thanks for all the advice. We will some how get to the other side of this but I just wish the banks would understand even if she and her previous husband made a lot of money those days are over. They ran up over a $100,000 in credit card debt.

Thanks,

[AngelinaCat]

As others have suggested, you need to send that Cease and Desist letter. Inform them that you are NOT responsible for HER debt. Get that letter certified with a return receipt that has to be signed for and returned to you. It will also have a tracking number that you can watch online. Keep a copy of all paperwork for your files. That is your protection.

Now you need to follow up on my earlier post about sending the wife's divorce papers....

As far as any collection creature that calls you; inform THEM that you are recording THEIR telephone call for 'quality control' and will hand same over to your attorney.

BTW, say nothing over the phone that is an 'affirmative' in any way. Example: "Your name is Joe Shmoe, correct?" Even if it is, do NOT say 'yes'. The reason is that some of these collection agencies are unscrupulous enough to record your call and cut and paste your responses to suit their needs.

[maxwellv8670]

As others have suggested, you need to send that Cease and Desist letter. Inform them that you are NOT responsible for HER debt. Get that letter certified with a return receipt that has to be signed for and returned to you. It will also have a tracking number that you can watch online. Keep a copy of all paperwork for your files. That is your protection.

Now you need to follow up on my earlier post about sending the wife's divorce papers....

As far as any collection creature that calls you; inform THEM that you are recording THEIR telephone call for 'quality control' and will hand same over to your attorney.

BTW, say nothing over the phone that is an 'affirmative' in any way. Example: "Your name is Joe Shmoe, correct?" Even if it is, do NOT say 'yes'. The reason is that some of these collection agencies are unscrupulous enough to record your call and cut and paste your responses to suit their needs.

Oh dear. Tell me it isn't so on some collection agencies record calls only to cut and paste responses to suit their needs. Which ones do this? I have accounts with Citi and BOA. I do know they record the calls but do you know if these 2 companies stoop that low? If so I need to get a tape recorder on the phone ASAP.

[AngelinaCat]

The problem is that you do not know who you are actually talking to. These debts are sold and resold all the time, so while some caller says he is representing *xwz bank*, unless YOU initiated the call to the bank, you have no way of knowing. And you don't have any way of knowing anyway, because you can call your bank, and someone there punc h a button to 'the department you need to talk to' and connects you to the collection agency. So just be aware.

You might want to look up the Consumer Advocate, Clark Howard, http://clarkhoward.com/ and look at his site and listen to his radio program. I have learned a lot of this kind of sneaky stuff from his site.

Good wishes to you and I hope you and your family have a very Happy and HEALING New Year!