Legal Question in Credit and Debt Law in California

Debt collection in community property state

I was contacted by a credit collections

service due to an old debt of a credit

card. I told them I was unable to pay

the amount, then they said they

would settle with less, I said I had to

talk with family to see if it was

possible. The next day i got a call

saying I was required to pay or they

would be pressing legal suit against

my husband, due to we live in a

community property state. We don't

have the funds to pay back the

amount in full and they won't talk

about payments. I should say this

debt was aquired before marriage, we

have a pre-nup that has be notarized

and not assests that are joint, can

they still go after my husband. I also

haven't seen any written letters on

their claim as well as on the legal

suit, any information would be great


Asked on 2/19/08, 5:15 pm

1 Answer from Attorneys
Linda Klinger Klinger Law Center

Re: Debt collection in community property state

You should send them a validation letter and if the debt is older than 4 years old have them prove the statute of limitations hasn't run. Then, by virtue of the fact that they are threatening your husband there may be a violation of the Fair Debt Collection Practices Act. In any event, you should contact an attorney to discuss your rights and possible remedies if there is an FDCPA violation.

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Answered on 2/19/08, 5:32 pm


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