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  #1  
Old 05-19-2005, 03:20 AM
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Join Date: May 2003
Location: new mexico
Posts: 43

Just Curious Re: Community Property Debt?


What is the name of your state? nm


I just wanted some clarification on CC debt in a community property state. A little over six years ago, I received a phone call at work from AmEx. They were trying to collect past due charges on my husband's AmEx card. I told the "rude" man that my husband (to whom I had only been married a couple of months, at that time),
had this CC for years prior to me even knowing him and my only connection with this account was that he had requested a secondary card for my use. I did use this card, but it was before we were married and any of my charges had long since been paid anyway. I never signed any card use agreement nor could I even qualify for this card, my husband (boyfriend) at the time, just requested the card and they sent it to me. Anyway, this collector advised me that I was responsible because it was a community property state. (By the way, I never used the card after we got married.) I told him I was not because my husband had this account before we were married and
my name was never on the account nor did I ever sign any card use agreement. In any case, he hung up on me and never called again but I would like to know.... was I correct in what I said? If not, please elaborate and if so,
what rights did this collector have to contact me and demand payment?
  #2  
Old 05-19-2005, 07:47 AM
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Join Date: Nov 2003
Location: South Carolina
Posts: 931
Did he/you use the card after you were married?
  #3  
Old 05-19-2005, 11:29 PM
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Join Date: May 2003
Location: new mexico
Posts: 43
He used the card but I did not.
  #4  
Old 05-20-2005, 06:38 AM
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Join Date: Nov 2003
Location: South Carolina
Posts: 931
Sorry, but since the account was used after you two were married, you would have been responsible.
  #5  
Old 05-20-2005, 07:56 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Well.. not WHOLLY responsible. She would not be responsible for ANY of the PRE-MARITAL debt, but that part of the debt that was incurred AFTER the marriage WOULD be 'community' debt.
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