Legal Question in Credit and Debt Law in California

If my husband owes money from various credit cards under his name and has not been paying them, are the credit card companies able to take my money from my own account to pay for his debt? A credit card company has already sent summons to him. Can they legally touch my savings and wages , 401 K???Pleaselet me know. Thanks.

Asked on 11/09/10, 10:17 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Unfortunately, the answer is "it depends." If the debt was incurred while you were married, even though it was in his name only, it is generally going to be a community debt, which means you can both be held liable for the debt, and any assets you own could be subject to attachment to satisfy the judgment. There can be some exceptions, so you may wish to find an attorney in your area to discuss the facts in more detail and determine to what degree you might be liable.

*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."

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Answered on 11/16/10, 11:06 am

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