My husband is in prison (TDCJ) and since he was incarcerated (since Aug. 2015), he has been unable to pay any of his credit card or other debt. I have been paying my debts and jointly owned debts, but any card that my name is not on, I have not paid for him. He is now being notified that one of his credit card companies has forwarded his account to an attorney's office who will eventually file a lawsuit to collect the debt if they don't hear back from him within 30 days. I am not on this account, so I haven't tried to do anything about it. His creditor does not know that he is in prison, and I'm not sure if I should reach out to them because I do not want them to go after me, even though I am not on the card. I thought that he was "judgement proof" because he is incarcerated, but they don't know that. I'm worried that if they sue him and obtain a judgement, they could somehow seek to seize my assets. I have filed for divorce, but I haven't moved to finalize it.
Hire an attorney to help you get the divorce moved along quickly. The same attorney should be able to review your exposure to the debt/ collections issues.
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
Sit down with an attorney and they will be able to provide you more information. It is presumed any debt incurred during the marriage is community debt. However, they may not pursue collection against you if you name is not on the account. Either way, you need to get a divorce while he is in jail to make the process quick and easy. He can be served in Jail and you can present a default judgment to the court after the 60 day waiting period is over.
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