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If a court gives judgement against me for a credit card bill due and is unable to collect from me, can they go after my spouse.?

College Park, MD |

It has been two years since the last payment. I am currently unemployed and have no income nor real estate. I opened the account for business purposes, business now closed.

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Filed under: Credit Debt Real estate
Attorney answers 3

Posted

If the lender gets a judgment against you, but cannot collect b/c you are "judgment proof", they cannot go after your spouse - as long as she had nothing to do with the debt.

Posted

Generally speaking, a person does not get liability by getting married. If your spouse did not sign the credit agreement, then your spouse would not have contractual liability for charges made pursuant to that credit agreement. Ordinarily if your spouse did not benefit from the charges you made on your credit account, that is that your spouse was not unjustly enriched by the charges you made -- and if the creditor can not prove that your spouse was the intended beneficiary of the charges you made (which if the creditor sued only you and did not sue both you and your spouse, that is an indicator that the creditor does not consider your spouse to be liable for payment of the debt), then your spouse would not be liable. One way to investigate this, although it is not perfect, is to get two credit reports, one for you and one for your spouse, and see if the same creditor for the SAME ACCOUNT NUMBER appears on both reports -- it's one way to see if the creditor views this a joint liability.

This response is not a substitute for an in-person or telephone consultation about your specific legal issue. If you wish, please contact my office at 410-625-2300 or by email at mkivitz@aol.com. I would be pleased to discuss with you any other questions you may have.

Posted

Whose name was on the crdit card account? If it was soley in your name or the name of your business, and your wife was not involved with the business, the judgment creditor cannot collect from your wife, unless she guaranteed the debt.

This should not be construed as formal legal advice or the offer of the formation of an attorney/client relationship. There is no substitute for taking the time to consult directly with an attorney regarding your specific legal needs and issues.