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Question

I live in AZ and a few years ago my husband used my information to open a credit card account without my knowledge. He made an agreement with the creditor to pay it and my name was taken off the account. He has not paid it and we recently received a letter addressed to both of us from a debt recovery manager. Do I have any recourse so that this does not affect my credit? Should I dispute the validity of the debt?

Submitted: 121 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Arizona

Posted by DCrane 121 days and 7 hours ago.

Answer

Thank you for the post, I assume you and your husband are still married and this debt was incurred during that marriage. If my assumptions are correct, this is a marital debt for which you are both jointly liable.

121 days and 7 hours ago.

Reply

Is there anything I can do to negotiate with the creditor?

Posted by DCrane 121 days and 7 hours ago.

Answer

Yes, you can offer a payment plan to settle the debt but be advised that the credit is not obligated to accept the payment plan.

121 days and 6 hours ago.

Reply

What will happen if I cannot pay it in full and they do not accept the payment plan?

Accepted Answer

They will sue you and your husband jointly for the default and then seek to garnish your wages and/or freeze bank account to satisfy the judgement.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 8707
Answered: 11/15/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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