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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My question is in regards XXXXX XXXXX litigation. I live in CA

Resolved Question:

My question is in regards XXXXX XXXXX litigation. I live in CA and have beeb legally separated from my husband since 9/2008. I just received a phone call about being sued for a credit card debt that my husband made the last payment on in 2009. They are telling me since this account was opened in 2006, I am liable for paying this debt eventhough the debt did not occur until after my separation. What are my rights?

Sincerely,

ZG
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Is your name on the card or the account?
Customer: replied 5 years ago.
yes my name is XXXXX XXXXX credit card I provided.
Expert:  Ely replied 5 years ago.
Thank you. I am sorry to say that you are liable. Separation does not void a contract with a third party. However, if you file for official temporary orders in court, you can ask the the Court order that he indemnify you for the debt and cover it since it is solely his, even both of you are contracted. But both of you are liable, I am afraid.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 5 years ago.
I was never on the same credit card with him. So, how could I have been contracted. Legal separation, as i undetstood it, separates us in every way, especially, financially. I am not sure I got the correct answer.
Expert:  Ely replied 5 years ago.
I think we misunderstood each other.

When I asked if your name was on the card, I did not mean the credit card used with JustAnswer, but the credit card that he owes the debt on; is your name on the card, or the account?
Customer: replied 5 years ago.
My name was never on his card. I never held a joint account with him in any manner.
Expert:  Ely replied 5 years ago.
Thank you, XXXXX XXXXX what I wanted to know.

Then the answer is no - you are not liable. The only way you could be liable is if your name was on the account, or the money was spent for the benefit of you or the communal estate, which is was not because you are separated. You can tell the creditor this, and add that if they call again, you will file suit against them under FDCPA for threatening legal action that cannot happen - 15 U.S.C. § 1692e.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 5 years ago.
So, regardless of CA being a community state, since I have been legally separated from him from 9/08 and on, any debt he incurred passed that time, I am not liable for right? how about if the debt is carried on from before my separation date? Am I liable for that?
Expert:  Ely replied 5 years ago.
You are confusing community/separate property with community/separate debt. These are two different things.

This is community debt. Regardless of when you separated, you can only be held accountable if:

1 - your name is XXXXX XXXXX card, or
2 - it was spent for you, or for the common estate.

Because neither apply (your name is XXXXX XXXXX the card and it was not spent for you or the marriage because you were already separated at this time), then you are not liable.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
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