Legal Question in Credit and Debt Law in California

Credit Card debt can go to the spouse ?

1. Had problems with addiction to pain killers when I recently lived in Colorado.

2. I maxed out my credit cards that were in my name in Colorado.

3. Due to my wife's job, we moved to California, near Frisco. She has a high tech job.

4. As soon as I landed in California, I immediately went to kick my habit. Medication given to me in hodpital put me in a coma for months.

5. I kicked the habit, feel better and have been totally sober for a year.

6. I play and teach guitar for a living and while I recently have two students, I am broke.

7. The credit cards are in my name, but I was told that the collectors can go after my wife and bring her to court for non-payment of the cards. Community property laws? She knew nothing about it.

8. I might move back to Colorado because the laws are different there, where my wife will not be effected by my loading up in credit card debt.

9. I was told that I can be brought in front of a judge and possibly jailed for this in California.

10. What are my rights about the credit card debt? I am afraid of loosing my wife and I am an experienced guitarist and have given lessons for years. But it takes time to get clients in a new area.


Asked on 8/14/04, 5:31 am

1 Answer from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Credit Card debt can go to the spouse ?

You cannot go to jail for not paying your credit card bills. Your credit card debt may be beyound the statute of limitations and you may not have to pay it. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 8/14/04, 11:48 am


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