Legal Question in Credit and Debt Law in California

Spouse past debt
I was contacted by a collections agency in regards to credit card debit my husband incurred 6 years ago. When I told the person that my husband created this debt before we were married he said well according to community property your responsible for it as well. We've only been married for a year, am I responsible for debt he's incurred over 6 years ago? and can this be reported on my credit?

Asked on 2/27/08, 10:14 pm

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Spouse past debt

No, you're not responsible for it. In fact, the statute of limitation might have run on the debt if he hasn't paid it in 4 years.

If, for some reason, there's a judgment against your husband, it could be enforced, though, by levying against a joint bank account.

See http://www.budhibbs.com/cease_comm.htm for a sample letter to send to the collection agency.

Answered on 2/27/08, 10:41 pm

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