Use of ex-husbands SS#

Back in 1988 I opened a chrg. acct in my name, somehow I used my husband's SS# on that acct. He never signed on the application.. infact never used the account. After 25 years of marriage we divorced back in 1993. I have been on disability since 9/99, I recently filed bankruptcy and it was dismissed last week. My ex-husband called Monday and told me a collection agency is harassing him on that particular chrg., because I used his SS# (I mistakenly used his SS# instead of mine somehow)...not intentional! The collection agency is telling him to file fraud against me for using his SS# on a charge card. They told him he is responsible for the bill and must pay it now or it will affect his (good)credit. My ex does not know I filed BKRPTY, I am cleared because I filed the charges made on that card. Question....12 years later is my ex responsible and can I go to jail for fraud???? Writing from Ca.

First, relax. You are not going to jail for anything you did. Just ain't no way.

Use of social security number or not, generally marriage does not make one spouse responsible for the debts of the other. You often hear of people who want to run an ad saying they're not responsible for their spouse's debts any more. This probably helps their feelings, but it's rarely necessary.

The joint responsibility comes in when they acquire the debt together. That's part of the reason that there is the requirement in many states that the spouse signed or acknowledge the debt that is being taken on.

You can also clear up the credit report. Take a look at this article: [url="http://www.prairielaw.com/articles/article.asp?channelId=5&subId=52&articleId=1344"]Improving Your Credit Report[/url].

Law on, Kevin



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Kevin O'Keefe
Founder & Fearless Community Leader
[url="http://www.prairielaw.com"]Prairielaw.com[/url]
"More people helping people with the law than anywhere."

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Prairielaw:
First, relax. You are not going to jail for anything you did. Just ain't no way.

Use of social security number or not, generally marriage does not make one spouse responsible for the debts of the other. You often hear of people who want to run an ad saying they're not responsible for their spouse's debts any more. This probably helps their feelings, but it's rarely necessary.

The joint responsibility comes in when they acquire the debt together. That's part of the reason that there is the requirement in many states that the spouse signed or acknowledge the debt that is being taken on.

You can also clear up the credit report. Take a look at this article: [url="http://www.prairielaw.com/articles/article.asp?channelId=5&subId=52&articleId=1344"]Improving Your Credit Report[/url].

Law on, Kevin

<HR></BLOCKQUOTE>


Dear Kevin:

Our writer says she is from California (See her bio). She said that the debt was incurred during the marriage. Since Calfornia is a community property State, and despite whether or not her husband knew of the charge card debt, I would like to get your opinion on the following Statute:

Family Code Section 910. (a) Except as otherwise expressly provided by statute, the
community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.
(b) "During marriage" for purposes of this section does not include the period during which the spouses are living separate and apart before a judgment of dissolution of marriage or legal separation of the parties.

It appears to me that scienter is not a prerequisite to a community estate being responsible for a debt incurred during marriage.

Your thoughts?

IAAL


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