Legal Question in Credit and Debt Law in California

I have defaulted on one of my credit cards due to unemployment. My husband has a credit card with the same lender, mine was an American Expess Blue Cash Account, his is a Gold Card that he pays an annual membership fee. They suspended his gold card to further activity and another one that is under the same bank, yet he has made every payment on time and never been late. On the Amex, he pays the balance in full each month. These unsecured cards were given on 2 different credit history reports and are not linked. Is this legal?


Asked on 5/10/10, 9:44 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, my guess is that the card was suspended not because of your card, but because of a change in his credit history. You need to look to see if you have any other credit that is shared, and if so, was there a change in the status of that account. Amex is terrible, and they will take any opportunity they can to cancel a card when they begin to believe that the borrower is becoming shaky. Your default indicates a household income problem, and if they did not cancel the card because of his credit, then my second guess is that they did so based on yours. You will have to go back and read the credit agreement to determine if they have the right to do this. I can, however, tell you that the language in their credit agreements is so one-sided that they can cancel cards if you sneeze. An increase in the utilization rate of your husband's credit (not the Amex cards, but all cards), a default or late payment on a home loan - basically any indication of a change in financial circumstances is sufficient for them to cancel the account. Without reviewing your complete situation, it is impossible to answer the question "is it legal," but I think the more important, practical question is "can I do anything about it?" Unless you want to file suit to force them to restore the cards, the answer in my experience is no - once they terminate a card, in 17 years I have never seen Amex go back and re-issue a card or re-open an account.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/19/10, 4:21 pm
David Gibbs The Gibbs Law Firm, APC

Sorry, I meant to add one more thing before I hit "Submit." California is a community property state. Unless your card was never used while married to your husband, your husband legally can be held liable for the defaulted card. That too may have played into their decision.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/19/10, 4:24 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California